Archivée : Préférences des États en matière de passation de marchés

Alabama

Code of Alabama - http://alisondb.legislature.state.al.us/acas/ACASLoginie.asp

Title 23. Highways, Roads, Bridges and Ferries
Chapter 1. Alabama Highways
Article 2. Department of Transportation

Section 23-1-51. Purchase of motor fuels, oils, greases and lubricants.

• (a) All motor fuels, oils, greases and lubricants bought by or for the State Department of Transportation for use in each county in which the construction, maintenance and repair of the county roads and bridges have been transferred to the State Department of Transportation shall be purchased from vendors and suppliers residing in the county where such motor fuels, oils, greases and lubricants are to be used. All such purchases shall be made on the basis of competitive bids, and contracts and purchase orders shall be awarded to the lowest responsible bidder as provided by law.

Title 39. Public Works
Chapter 3. Use of Domestic Products and Resident Workmen for Public Works, Improvements, Etc.

Section 39-3-5. Preference to resident contractors in letting of certain public contracts.

• (a) In the letting of public contracts in which any state, county, or municipal funds are utilized, except those contracts funded in whole or in part with funds received from a federal agency, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded Alabama public contracts only on the same basis as the nonresident bidder's state awards contracts to Alabama contractors bidding under similar circumstances; and resident contractors in Alabama, as defined in Section 39-2-12, be they corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident.

Title 41. State Government
Chapter 16. Public Contracts
Article 2. Competitive Bidding on Public Contracts Generally

Section 41-16-20. Contracts for which competitive bidding required; award to preferred vendor.

• (a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all contracts of whatever nature for labor, services, work, or for the purchase or lease of materials, equipment, supplies, or other personal property, involving seven thousand five hundred dollars ($7,500) or more, made by or on behalf of any state department, board, bureau, commission, committee, institution, corporation, authority, or office shall, except as otherwise provided in this article, be let by free and open competitive bidding, on sealed bids, to the lowest responsible bidder.
• (b) A "preferred vendor" shall be a person, firm, or corporation which is granted preference priority according to the following:
  • (1) Priority #1. Produces or manufactures the product within the state.
  • (2) Priority #2. Has an assembly plant or distribution facility for the product within the state.
  • (3) Priority #3. Is organized for business under the applicable laws of the state as a corporation, partnership, or professional association and has maintained at least one retail outlet or service center for the product or service within the state for not less than one year prior to the deadline date for the competitive bid.
• (c) In the event a bid is received for the product or service from a person, firm, or corporation deemed to be a responsible bidder and a preferred vendor where any state department, board, bureau, commission, committee, institution, corporation, authority, or office is the awarding authority and the bid is no more than five percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the preferred vendor.

Section 41-16-27. Manner of awarding contracts generally; records; exemptions.

• (a) When purchases are required to be made through competitive bidding, award shall, except as provided in subsection (e), be made to the lowest responsible bidder taking into consideration the qualities of the commodities proposed to be supplied, their conformity with specifications, the purposes for which required, the terms of delivery, transportation charges and the dates of delivery provided, that the awarding authority may at any time within 30 days after the bids are opened negotiate and award the contract to anyone, provided he secures a price at least five percent under the low acceptable bid. The award of such a negotiated contract shall be subject to approval by the Director of Finance and the Governor, except in cases where the awarding authority is a two-year or four-year college or university governed by a board. The awarding authority or requisitioning agency shall have the right to reject any bid if the price is deemed excessive or quality of product inferior.
• (c) The Purchasing Agent in the purchase of or contract for personal property or contractual services shall give preference, provided there is no sacrifice or loss in price or quality, to commodities produced in Alabama or sold by Alabama persons, firms, or corporations.

Article 3. Competitive Bidding on Contracts of Certain State and Local Agencies, etc.
Section 41-16-50. Contracts for which competitive bidding required generally.

• (a) With the exception of contracts for public works whose competitive bidding requirements are governed exclusively by Title 39, all expenditure of funds of whatever nature for labor, services, work, or for the purchase of materials, equipment, supplies, or other personal property involving seven thousand five hundred dollars ($7,500) or more, and the lease of materials, equipment, supplies, or other personal property where the lessee is, or becomes legally and contractually, bound under the terms of the lease, to pay a total amount of seven thousand five hundred dollars ($7,500) or more, made by or on behalf of any state trade school, state junior college, state college, or university under the supervision and control of the State Board of Education, the city and county boards of education, the district boards of education of independent school districts, the county commissions, the governing bodies of the municipalities of the state, and the governing boards of instrumentalities of counties and municipalities, including waterworks boards, sewer boards, gas boards, and other like utility boards and commissions, except as hereinafter provided, shall be made under contractual agreement entered into by free and open competitive bidding, on sealed bids, to the lowest responsible bidder. Prior to advertising for bids for an item of personal property, where the county, a municipality, or an instrumentality thereof is the awarding authority, the awarding authority may establish a local preference zone consisting of either the legal boundaries or jurisdiction of the awarding authority, or the boundaries of the county in which the awarding authority is located, or the boundaries of the Standard Metropolitan Statistical Area (SMSA) in which the awarding authority is located. If no such action is taken by the awarding authority, the boundaries of the local preference zone shall be deemed to be the same as the legal boundaries or jurisdiction of the awarding authority. In the event a bid is received for an item of personal property to be purchased or contracted for from a person, firm, or corporation deemed to be a responsible bidder, having a place of business within the local preference zone where the county, a municipality, or an instrumentality thereof is the awarding authority, and the bid is no more than three percent greater than the bid of the lowest responsible bidder, the awarding authority may award the contract to the resident responsible bidder. In the event only one bidder responds to the invitation to bid, the awarding authority may reject the bid and negotiate the purchase or contract, providing the negotiated price is lower than the bid price.

Section 41-16-57. Awarding of contracts generally; preference to be given to Alabama commodities, firms, etc., in contracts for purchase of personal property or contractual services; when sole source may be specified; rejection of bids; records as to awarding of contract to be open to public inspection; maximum duration of contracts for purchase of personal property or contractual services.

• (b) The awarding authority in the purchase of or contract for personal property or contractual services shall give preference, provided there is no sacrifice or loss in price or quality, to commodities produced in Alabama or sold by Alabama persons, firms, or corporations.

Alaska

Alaska Statutes - http://www.legis.state.ak.us/basis/

Title 36. Public Contracts
Chapter 15. Alaska Product Preferences
Article 1. Forest Products Preference

Sec. 36.15.010. Use of local forest products required in projects financed by public money.
In a project financed by state money in which the use of timber, lumber, and manufactured lumber products is required, only timber, lumber, and manufactured lumber products originating in this state from local forests shall be used wherever practicable.

Article 2. Agricultural and Fisheries Products Preference
Sec. 36.15.050. Use of local agricultural and fisheries products required in purchases with state money.

• (a) When agricultural products are purchased by the state or by a school district that receives state money, only agricultural products harvested in the state shall be purchased whenever priced no more than seven percent above products harvested outside the state, available, and of like quality compared with agricultural products harvested outside the state.
• (b) When fisheries products are purchased by the state or by a school district that receives state money, only fisheries products harvested or processed within the jurisdiction of the state shall be purchased whenever priced no more than seven percent above products harvested or processed outside the jurisdiction of the state, available, and of like quality compared with fisheries products harvested or processed outside the jurisdiction of the state.
• (g) In this section,
  • (1) "agricultural products" includes dairy products, timber and lumber, and products manufactured in the state from timber and lumber;
  • (2) "school district" includes a regional educational attendance area established under AS 14.08;
  • (3) "state money" includes state reimbursement to school districts for school or related construction, foundation funding for education, municipal assistance, revenue sharing, and state funds for capital projects.

Chapter 30. State Procurement Code
Article 1. Organization of State Procurement

Sec. 36.30.050. Lists of contractors.

• (a) Except for persons debarred or suspended under AS 36.30.635 - 36.30.655, the commissioner shall establish and maintain current lists of persons who desire to provide supplies, services, professional services, or construction services to the state.
• (b) A person who desires to be on a list shall submit to the commissioner evidence of a valid Alaska business license. A biennial fee may be established by regulation in an amount reasonably calculated to pay the costs of administering this section. A construction contractor shall also submit a valid certificate of registration as a contractor issued under AS 08.18. The commissioner, by regulation, may require submission of additional information.

Article 2. Competitive Sealed Bidding
Sec. 36.30.170. Contract award after bids.

• (a) Except as provided in (b) - (h) of this section, the procurement officer shall award a contract based on the solicited bids with reasonable promptness by written notice to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set out in the invitation to bid.
• (b) The procurement officer shall award a contract based on solicited bids to the lowest responsive and responsible bidder after an Alaska bidder preference of five percent, an Alaska products preference as described in AS 36.30.322 - 36.30.338, and a recycled products preference under AS 36.30.337 have been applied. In this subsection, "Alaska bidder" means a person who
  • (1) holds a current Alaska business license;
  • (2) submits a bid for goods, services, or construction under the name as appearing on the person's current Alaska business license;
  • (3) has maintained a place of business within the state staffed by the bidder or an employee of the bidder for a period of six months immediately preceding the date of the bid;
  • (4) is incorporated or qualified to do business under the laws of the state, is a sole proprietorship and the proprietor is a resident of the state, is a limited liability company organized under AS 10.50 and all members are residents of the state, or is a partnership under former AS 32.05, AS 32.06, or AS 32.11 and all partners are residents of the state; and
  • (5) if a joint venture, is composed entirely of ventures that qualify under (1) - (4) of this subsection.
• (c) Except as otherwise provided under (e) or (f) of this section, if a bidder qualifies under (b) of this section as an Alaska bidder, is offering services through an employment program, and is the lowest responsible and responsive bidder with a bid that is not more than 15 percent higher than the lowest bid, the procurement officer shall award the contract to that bidder. This subsection does not give a bidder who would otherwise qualify for a preference under this subsection a preference over another bidder who would otherwise qualify for a preference under this subsection.
• (d) The procurement officer shall award an insurance-related contract based on solicited bids to the lowest responsive and responsible bidder after an Alaska bidder preference of five percent. In this subsection, "Alaska bidder" means a person who meets the criteria set out in (b)(1) - (5) of this section and who is an Alaska domestic insurer.
• (e) If a bidder qualifies under (b) of this section as an Alaska bidder, is a qualifying entity, and is the lowest responsible and responsive bidder with a bid that is not more than 10 percent higher than the lowest bid, the procurement officer shall award the contract to that bidder. This subsection does not give a bidder who would otherwise qualify for a preference under this subsection a preference over another bidder who would otherwise qualify for a preference under this subsection or (f) of this section. In this subsection, "qualifying entity" means a
  • (1) sole proprietorship owned by a person with a disability;
  • (2) partnership under former AS 32.05, AS 32.06, or AS 32.11 if each of the partners is a person with a disability;
  • (3) limited liability company organized under AS 10.50 if each of the members is a person with a disability; or
  • (4) corporation that is wholly owned by individuals and each of the individuals is a person with a disability.
• (f) If a bidder qualifies under (b) of this section as an Alaska bidder, if 50 percent or more of the bidder's employees at the time the bid is submitted are persons with a disability, and if the bidder is the lowest responsible and responsive bidder with a bid that is not more than 10 percent higher than the lowest bid, the procurement officer shall award the contract to that bidder. The contract must contain a promise by the bidder that the percentage of the bidder's employees who are persons with a disability will remain at 50 percent or more during the contract term. This subsection does not give a bidder who would otherwise qualify for a preference under this subsection a preference over another bidder who would otherwise qualify for a preference under this subsection or (e) of this section.
• (g) The division of vocational rehabilitation in the Department of Labor and Workforce Development shall add to its current list of qualified employment programs a list of individuals who qualify as persons with a disability under (e) of this section and of persons who qualify under (f) of this section as employers with 50 percent or more of their employees being persons with disabilities. A person must be on this list at the time the bid is opened in order to qualify for a preference under (e) or (f) of this section.
• (h) A preference under (c), (e), or (f) of this section is in addition to any other preference for which the bidder qualifies, including the preference under (b) of this section; however, a bidder may not receive a preference under both (c) and (e), (c) and (f), or (e) and (f) of this section for the same contract.
• (i) This section applies to all insurance contracts involving state money. In this subsection, "state money" includes state grants and reimbursement to municipalities, school districts, and other entities.
• (j) In order to qualify for a preference under (c), (e), or (f) of this section, a bidder must add value by actually performing, controlling, managing, and supervising the services provided, or a bidder must have sold supplies of the general nature solicited to other state agencies, governments, or the general public.
• (k) In this section, "person with a disability" means an individual
  • (1) who has a severe physical or mental disability that seriously limits one or more functional capacities in terms of employability; in this paragraph, "functional capacities" means mobility, communication, self-care, self-direction, interpersonal skills, work tolerance, or work skills;
  • (2) whose physical or mental disability
    • (A) results from amputation, arthritis, autism, blindness, burn injury, cancer, cerebral palsy, cystic fibrosis, deafness, head injury, heart disease, hemiplegia, hemophilia, respiratory or pulmonary dysfunction, mental retardation, mental illness, multiple sclerosis, muscular dystrophy, musculo-skeletal disorders, neurological disorders, paraplegia, quadriplegia, other spinal cord conditions, sickle cell anemia, specific learning disability, or end stage renal disease; in this subparagraph, "neurological disorders" include stroke and epilepsy; or
    • (B) is a disability or combination of disabilities that are not identified in (A) of this paragraph and that are determined on the basis of an evaluation of rehabilitation potential to cause substantial functional limitation comparable to a disability identified in (A) of this paragraph; and
  • (3) whose vocational rehabilitation can be expected to require multiple vocational rehabilitation services over an extended period of time.

Article 3. Competitive Sealed Proposals
Sec. 36.30.250. Award of contract.

• (a) The procurement officer shall award a contract under competitive sealed proposals to the responsible and responsive offeror whose proposal is determined in writing to be the most advantageous to the state taking into consideration price and the evaluation factors set out in the request for proposals. Other factors and criteria may not be used in the evaluation. The contract file must contain the basis on which the award is made.
• (b) In determining whether a proposal is advantageous to the state, the procurement officer shall take into account, in accordance with regulations of the commissioner, whether the offeror qualifies as an Alaska bidder under AS 36.30.170 (b), is offering the service of an employment program, or qualifies for a preference under AS 36.30.170 (e) or (f).

Article 4. Other Procurement Methods
Sec. 36.30.311. Employment and youth program procurements.
A procurement of products manufactured or services provided by an employment program of the state or an accredited youth education and employment program may be made without competitive sealed bidding or competitive sealed proposals, in accordance with regulations adopted by the commissioner.

Article 5. Preferences
Sec. 36.30.322. Use of local forest products.

• (a) Only timber, lumber, and manufactured lumber products originating in this state from Alaska forests may be procured by an agency or used in construction projects of an agency unless the manufacturers and suppliers who have notified the commissioner of commerce, community, and economic development of their willingness to manufacture or supply Alaska forest products
  • (1) have been given reasonable notice of the forest product needs of the procurement or project; and
  • (2) are unable to supply the products at a cost that is within seven percent of the price offered by a manufacturer or supplier of non-Alaska forest products.
• (b) The provisions of AS 36.30.326 - 36.30.332 do not apply to procurements of timber, lumber, and manufactured lumber products or the use of those items in construction projects of an agency.
• (c) During the period of performance of a state contract, the contractor shall maintain records showing efforts made in using Alaska forest products or evidence of Alaska forest products not being available or reasonably competitive. The contractor shall provide the records to the procurement officer on a periodic basis, as required by regulations adopted by the commissioner of commerce, community, and economic development.

Sec. 36.30.324. Use of Alaska products and recycled Alaska products.
Alaska products shall be used whenever practicable in procurements for an agency. Recycled Alaska products shall be used when they are of comparable quality, of equivalent price, and appropriate for the intended use.

Sec. 36.30.326. Contract specifications.
Contract specifications for a procurement for an agency must include a provision that a bidder or offeror that designates in a bid or proposal the use of Alaska products identified in the specifications will receive the preference granted under AS 36.30.328 in the evaluation of the bid or proposal if the designated Alaska products meet the contract specifications.

Sec. 36.30.328. Grant of Alaska products preference.
In the evaluation of a bid or proposal for a procurement for an agency, a bid or offer that designates the use of Alaska products identified in the contract specifications and designated as Class I, Class II, or Class III state products under AS 36.30.332 is decreased by the percentage of the value of the designated Alaska products under AS 36.30.332.

Sec. 36.30.330. Penalty for failing to use designated products.

• (a) If a successful bidder or offeror who designates the use of an Alaska product in a bid or proposal for a procurement for an agency fails to use the designated product for a reason within the control of the successful bidder or offeror, each payment under the contract shall be reduced according to the following schedule:
  • (1) for a Class I designated Alaska product - four percent;
  • (2) for a Class II designated Alaska product - six percent;
  • (3) for a Class III designated Alaska product - eight percent.
• (b) A person is not a responsible bidder or offeror if, in the preceding three years, the person has twice designated the use of an Alaska product in a bid or proposal for a procurement for an agency and has each time failed to use the designated Alaska product for reasons within the control of the bidder or offeror.
• (c) The procurement officer shall report to the commissioner of commerce, community, and economic development each contractor penalized under (a) of this section. The commissioner of commerce, community, and economic development shall maintain a list of contractors determined not to be responsible bidders under (b) of this section.

Sec. 36.30.332. Classification of Alaska products.

• (a) The commissioner of commerce, community, and economic development shall adopt regulations establishing the value added in the state for materials and supplies produced or manufactured in the state that are used in a state procurement and establishing whether a product qualifies as a recycled Alaska product. The commissioner shall publish a list of the products annually. A supplier may request inclusion of its product on the appropriate list.
• (b) Materials and supplies with value added in the state that are
  • (1) more than 25 percent and less than 50 percent produced or manufactured in the state are Class I products;
  • (2) 50 percent or more and less than 75 percent produced or manufactured in the state are Class II products; and
  • (3) 75 percent or more produced or manufactured in the state are Class III products.
• (c) In a bid or proposal evaluation a
  • (1) Class I product is given a three percent preference;
  • (2) Class II product is given a five percent preference;
  • (3) Class III product is given a seven percent preference.

Sec. 36.30.337. Procurement preference for recycled products.

• (a) In the evaluation of a bid or proposal for an agency procurement of products, the agency shall decrease the bid or proposal by five percent if the bid or proposal indicates that the products being purchased will be recycled products.
• (b) A decrease made under (a) of this section is in addition to other preferences allowed for the procurement.
• (c) The department shall establish the minimum percentage of recycled content that will qualify a product as a recycled product under (a) of this section.

Sec. 36.30.338. Definitions.
In AS 36.30.322 - 36.30.338,

• (1) "Alaska product" means a product of which not less than 25 percent of the value, as determined in accordance with regulations adopted under AS 36.30.332 (a), has been added by manufacturing or production in the state;
• (2) "produced or manufactured" means processing, developing, or making an item into a new item with a distinct character and use through the application within the state of materials, labor, skill, or other services;
• (3) "product" means materials or supplies but does not include gravel and asphalt;
• (4) "recycled Alaska product" means an Alaska product of which not less than 50 percent of the value of the product consists of a product that was previously used in another product, if the recycling process is done in the state.

Alaska Administrative Code - http://www.legis.state.ak.us/cgi-bin/folioisa.dll/aac

Title 2. Administration
Chapter 12. Procurement
Article 4. Competitive Sealed Proposals

2 AAC 12.260. Evaluation of proposals

• (c) Price must be an evaluation factor unless the services or supplies sought are selected in accordance with AS 36.30.270 (a) and (b). The proposal with the lowest price must receive the highest available rating allocated to price. A proposal that has a higher price than the next lowest must receive a lower rating for price.
• (d) For the purposes of evaluating price, the proposed price of an offeror who qualifies as an Alaska bidder under AS 36.30.170 (b) shall be reduced by five percent. All other applicable preferences must be applied.
• (e) If a numerical rating system is used, an Alaska offeror's preference of at least 10 percent of the total possible value of the rating system must be assigned to a proposal of an offeror who qualifies as an Alaska bidder under AS 36.30.170 (b).
• (f) The following are some additional evaluation factors that may be considered:
  • (1) the offeror's experience in Alaska performing work similar to that sought in the request for proposals;
  • (2) the percentage of work that will be performed in Alaska;
  • (3) the location of the office of the offeror where the work will be performed;

Article 6. Small Purchases
2 AAC 12.400. Authority to make small purchases

• (f) A procurement made under this section shall be solicited from Alaskan vendors, whenever practicable, and is subject to applicable Alaskan bidder and Alaskan products preferences as set out in AS 36.30 and 2 AAC 12.260(e)

Article 15. Miscellaneous Provisions

2 AAC 12.890. Application of preferences
If both the Alaska bidder's preference under AS 36.30.170 (b) and the Alaska products preference under AS 36.30.322 - 36.30.328 apply to a solicitation, a procurement officer shall apply the bidder's preference first and the products preference second.

Title 3. Commerce, Community, and Economic Development
Part 11. Miscellaneous
Chapter 92. Alaska Product Preference

3 AAC 92.090. Eligibility for preference on a bid

• (b) The Alaska products preference percentages set out in AS 36.30.332 will be applied to the declared value of the Alaska product or products designated for use by the contractor in his or her bid or proposal and not to the contractor's total bid or proposal.

Alaska Administrative Manual - http://doa.alaska.gov/dof/manuals/aam/

AAM 81. Procurement
AAM 81.015. Foreign Outsourcing in State Contracts for Services

In an effort to ensure that funds spent on state service contracts provide the maximum economic benefit to the State of Alaska and the United States, the State of Alaska requires that professional and non-professional service contracts above $25,000 be performed in the United States, unless a waiver has been approved by the Chief Procurement Officer.

This policy affects all state solicitations and contracts above $25,000 for professional and non-professional services including alternate and exempt procurements. Professional services and services are defined under AS 36.30.990 (19) & (21).

Note : This policy does not apply to contracts for "supplies" as defined under AS 36.30.990 (24), even though some items purchased by the state may include warranty and/or maintenance services that are provided by vendors located outside the United States.

The following clause must be included in all RFPs, ITBs, informal RFPs, RFQs, alternate and exempt procurement contracts and solicitations above $25,000 for professional and non-professional services. The first sentence of the clause may be changed to, "By signature on this contract…" for negotiated procurements.

Foreign Contracting: "By signature on this solicitation, the offeror certifies that all services provided under this contract by the contractor and all subcontractors shall be performed in the United States. Failure to comply with this requirement may cause the state to reject the bid or proposal as non-responsive, or cancel the contract."

If an agency believes that is in the state's best interests to contract with a vendor to provide services from outside the United States, the agency may submit a request for waiver to the Chief Procurement Officer for approval.

The request for waiver must address the following:
1. Why it is in the state's best interests to allow the services to be performed outside the United States, and
2. Why limiting competition to service providers located in the United States could damage the agency's ability to accomplish its public mission.

If the waiver is approved, all offerors shall be required to provide a certified list verifying the country(ies) the contracted or subcontracted work will be performed. A copy of the list must be maintained in the procurement file. If a numerical scoring method is utilized, state agencies are encouraged to evaluate and consider the percentage of work to be performed outside the United States as compared to work to be performed inside the Unites States.

The following types of contracts may involve services provided outside the country and do not require a waiver:

Statutory Exemption - AS 36.30.850 (31) "Contracts that are to be performed in an area outside the country and that require a knowledge of the customs, procedures, rules, or laws of the area".

Foreign Offices - Agencies with offices located overseas may require foreign contractors to perform work specifically for these offices.

Arizona

Arizona Revised Statutes - http://www.azleg.gov/ArizonaRevisedStatutes.asp

Title 41. State Government
Chapter 23. Arizona Procurement Code
Article 3. Source Selection and Contract Formation

41-2533. Competitive sealed bidding

• I. If the price of a recycled paper product which conforms to specifications is within five per cent of a low bid product which is not recycled and the recycled product bidder is otherwise the lowest responsible and responsive bidder, the award shall be made to the bidder offering the recycled product. The director may adopt rules requiring a five per cent preference for other products made from recycled materials.

Article 10. Intergovernmental Procurement

41-2636. Procurement from Arizona industries for the blind, certified nonprofit agencies for disabled individuals and Arizona correctional industries; definitions

• A. The director shall appoint a committee to determine those materials and services that are provided, manufactured, produced and offered for sale by Arizona industries for the blind, certified nonprofit agencies for disabled individuals and Arizona correctional industries and that satisfy the requirements of state governmental units and to establish a fair market price for all approved materials and services offered for sale that meet these requirements.
• B. Materials and services from Arizona correctional industries shall be presented to the committee for approval. Office products, vinyl binders and furniture refurbishing services shall be exempt from this article. State governmental units shall purchase office products, vinyl binders and furniture from Arizona correctional industries if each of the following applies:
  • 1. Such materials and services are readily available.
  • 2. Such materials and services are capable of timely delivery.
  • 3. Such materials and services are of equal quality and price for these same materials and services in the private sector.
• C. State governmental units shall purchase approved materials and services if such materials and services are readily available.
• D. Notwithstanding the requirements of section 41-2532, state governmental units and local public procurement units may purchase or contract for any products, materials and services directly from Arizona industries for the blind, certified nonprofit agencies for disabled individuals and Arizona correctional industries without competitive bidding if the delivery and quality of the products, materials or services meet the unit's reasonable requirements.
• E. Until July 1, 2009:
  • 1. All state governmental units shall endeavor to set aside at least one per cent of their new purchases or contracts for any products, materials and services from the entities that are prescribed in subsection D of this section.
  • 2. The committee shall meet quarterly to report progress in increasing state governmental purchases or contracts with the entities that are prescribed in subsection D of this section.

Arkansas

Arkansas Code - http://www.lexisnexis.com/hottopics/arcode/Default.asp

Title 19. Public Finance
Chapter 11. Purchasing and Contracts
Subchapter 2. Arkansas Purchasing Law

19-11-259. Preferences among bidders.

• (a)Definitions.
  • (1) The definitions in this subsection shall not be applicable to other sections of this subchapter.
  • (2)As used in this section:
    • (A) "Commodities" means materials and equipment used in the construction of public works projects;
    • (B)"Firm resident in Arkansas" means any individual, partnership, association, or corporation, whether domestic or foreign, who:
      • (i) Maintains at least one (1) staffed office in this state;
      • (ii) For not fewer than two (2) successive years immediately prior to submitting a bid, has paid taxes under the Arkansas Employment Security Law, § 11-10-101 et seq., unless exempt, and either the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., on any property used or intended to be used for or in connection with the firm's business; and
      • (iii) Within the two-year period, has paid any taxes to one (1) or more counties, school districts, or municipalities of the State of Arkansas on either real or personal property used or intended to be used or in connection with the firm's business.
    • (C) "Lowest qualified bid" means the lowest bid which conforms to the specifications and request for bids;
    • (D) "Nonresident firm" means a firm which is not included in the definition of a "firm resident in Arkansas"; and
    • (E) "Public agency" means all counties, municipalities, and political subdivisions of the state.
• (b)
  • (1)
    • (A) In the purchase of commodities by competitive bidding, all public agencies shall accept the lowest qualified bid from a firm resident in Arkansas.
    • (B) This bid shall be accepted only if the bid does not exceed the lowest qualified bid from a nonresident firm by more than five percent (5%) and if one (1) or more firms resident in Arkansas made written claim for a preference at the time the bids were submitted.
    • (C)
      • (i) In calculating the preference to be allowed, the appropriate procurement officials, pursuant to §§ 19-11-201 - 19-11-259, shall take the amount of each bid of the Arkansas dealers who claimed the preference and deduct five percent (5%) from its total.
      • (ii) If, after making such deduction, the bid of any Arkansas bidder claiming the preference is lower than the bid of the nonresident firm, then the award shall be made to the Arkansas firm which submitted the lowest bid, regardless of whether that particular Arkansas firm claimed the preference.
  • (2)
    • (A) The preference provided for in this section shall be applicable only in comparing bids where one (1) or more bids are by a firm resident in Arkansas and the other bid or bids are by a nonresident firm.
    • (B) This preference shall have no application with respect to competing bids if both bidders are firms resident in Arkansas, as defined in this section.
    • (C)
      • (i) All public agencies shall be responsible for carrying out the spirit and intent of this section in their procurement policies.
      • (ii) Any public agency which, through any employee or designated agent, is found guilty of violating the provisions of this section or committing an unlawful act under it, shall be guilty of a misdemeanor.
    • (D) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than six (6) months or a fine of not more than one thousand dollars ($1,000), or both.
    • (E)
      • (i) If any provision or condition of this subchapter conflicts with any provision of federal law or any rule or regulation made under federal law pertaining to federal grants-in-aid programs or other federal aid programs, such provision or condition shall not apply to such federal-supported contracts for the purchase of commodities to the extent that the conflict exists.
      • (ii) However, all provisions or conditions of this subchapter with which there is no conflict shall apply to contracts to purchase commodities to be paid, in whole or in part, from federal funds.
• (c)
  • (1) The provisions of this section shall only apply to projects designed to provide utility needs of a county or municipality.
  • (2) Those projects shall include, but shall not be limited to, pipeline installation, sanitary projects, and waterline, sewage, and water works.

Subchapter 3. Bidding - State Industry Priority
19-11-306. Underbid by nonresident industry or penal institution.
Subject to any applicable bonding requirements, in the event that a private Arkansas bidder is underbid by more than five percent (5%), as provided in § 19-11-259, by another representative of private industry located outside the State of Arkansas or is underbid by more than fifteen percent (15%) by an out-of-state correctional institution, the state contract shall be awarded to the lowest responsible bidder, whether that bidder is a penal or correctional institution or is a representative of private industry.

Subchapter 8. Procurement of Professional Services
19-11-803. Evaluation of qualifications.
In evaluating the qualifications of each firm, the state agency or political subdivision shall consider:

• (4) The firm's proximity to and familiarity with the area in which the project is located.

California

California Codes - http://www.leginfo.ca.gov/calaw.html

Government Code - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=gov&codebody=&hits=20

Title 1. General
Division 5. Public Work and Public Purchases
Chapter 4. Preference for Materials
Article 1. American-Made Materials

4300. As used in this article:

• (a) "United States" means the United States of America, and includes any Territory or insular possession of the United States.
• (b) "Produced" includes mined and manufactured.
• (c) "Materials" includes articles and supplies.

4301. This article does not apply to materials which are of a class or kind which are not, or which are manufactured from materials which are not, produced in the United States, nor to key-driven calculators manufactured in branch plants located outside continental United States, but which plants are wholly owned and operated by a corporation the majority of whose stock is owned or controlled by an American manufacturer whose principal manufacturing centers and home offices are located in the United States.

4302. This article does not apply to medical and surgical instruments, scientific equipment, microscopes, lenses, or instruments used for scientific or medical purposes, including research.

4302.5. The provisions of this article do not apply to the purchase of sewing machines, regardless of the place of their manufacture or the source of the materials from which such machines were manufactured.

4302.6. The provisions of this article do not apply to the purchase of printing presses of rotary gripper system or single revolution design, which are purchased exclusively for use in schools and colleges for educational purposes; provided, however, that if printing presses of rotary gripper system or single revolution design are manufactured within the United States that only such presses as are manufactured in the United States shall be purchased.

4303. The governing body of any political subdivision, municipal corporation, or district, and any public officer or person charged with the letting of contracts for (1) the construction, alteration, or repair of public works or (2) for the purchasing of materials for public use, shall let such contracts only to persons who agree to use or supply only such unmanufactured materials as have been produced in the United States, and only such manufactured materials as have been manufactured in the United States, substantially all from materials produced in the United States.

4303.5. Any provision of this article to the contrary notwithstanding, any such body or person may let a contract for the purchase of office machines or supplies therefor without regard to the place of their manufacture or the source of the materials from which such machines or supplies are manufactured, except that such contracts or purchases shall be subject to the provisions of Section 4334.

Article 2. California-Made Materials

4330. As used in this article, "supplies" includes goods, wares, merchandise, manufactures, and produce.

4331. Price, fitness and quality being equal, any body, officer, or other person charged with the purchase, or permitted or authorized to purchase supplies for the use of the State, or of any of its institutions or offices, or for the use of any county or city shall always prefer supplies grown, manufactured, or produced in the State, and shall next prefer supplies partially manufactured, grown, or produced in the State.

4332. All State, county, or city officers, all bodies, and other persons charged with advertising for supplies shall state in their advertisement that such preferences for California-made supplies will be made.

4334. Public officers and bodies charged with the letting of contracts for public work, with the construction of public bridges, buildings and other structures, or with the purchase of supplies for any public use may give such contracts and purchase such supplies from persons manufacturing in the State the supplies to be used pursuant to contract or the supplies to be purchased if:

• (a) The bids of such persons, or the prices quoted by them, do not exceed by more than 5 per cent the lowest bids or prices quoted by persons manufacturing the supplies outside the State.
• (b) The major portion of the work of manufacturing the supplies is not done outside the State.
• (c) In the opinion of the public officers or bodies, the public good will be served thereby.

Article 3. Services and Supplies of Agricultural Aircraft Operators

4360. As used in this article

• (a) "Agricultural aircraft operator" means any person who applies, from an aircraft, chemicals, seeds, or fertilizers.
• (b) "Services" means the application, from an aircraft, of chemicals, seeds, or fertilizers.
• (c) "Supplies" means supplies used by an agricultural aircraft operator in performing services.

4361. Public officers and bodies charged with the purchase or the letting of contracts for services or supplies for any public use may give such contracts and purchase such services and supplies from agricultural aircraft operators who are residents of California if the bids of such persons, or the prices quoted by them, do not exceed by more than 5 percent the lowest bids or prices quoted by agricultural aircraft operators who are not residents of California.

Chapter 10.5. Target Area Contract Preference Act
4531. The Legislature hereby declares that it serves a public purpose, and is of benefit to the state, to encourage and facilitate job maintenance and job development in distressed and declining areas of cities and towns in the state. It is the intent of the Legislature to further these goals by providing appropriate preferences to California based companies submitting bids or proposals for state contracts to be performed at worksites in distressed areas by persons with a high risk of unemployment when the contract is for goods or services in excess of one hundred thousand dollars ($100,000).

4533. Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference to California-based companies who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least 50 percent of the hours shall be accomplished at an identified worksite or worksites located in a distressed area.

4533.1. Where a bidder complies with the provisions of Section 4533, or the worksite or worksites where at least 50 percent of the labor required to perform the contract is within commuting distance of a distressed area, the state shall award a 1-percent preference for bidders who certify under penalty of perjury to hire persons with high risk of unemployment equal to 5 to 9 percent of its work force during the period of contract performance; a 2-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 10 to 14 percent of its work force during the period of contract performance; a 3-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 15 to 19 percent of its work force during the period of contract performance; and a 4-percent preference for bidders who shall agree to hire persons with high risk of unemployment equal to 20 or more percent of its work force during the period of contract performance.

4534. In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference on the price submitted by California-based companies who demonstrate and certify under penalty of perjury that not less than 90 percent of the total labor hours required to perform the contract shall be accomplished at an identified worksite or worksites located in a distressed area.

4534.1. Where a bidder complies with the provisions of Section 4534, the state shall award the additional preferences as set forth in Section 4533.1 as appropriate.

4535.2. (a) The maximum preference and incentive a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference and incentive cost under this chapter exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences and incentives granted pursuant to this chapter and any other provision of law exceed one hundred thousand dollars ($100,000). In those cases where the 15-percent cumulated preference and incentive cost would exceed the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit, the one hundred thousand dollar ($100,000) maximum preference and incentive cost limit shall apply.

(b) Notwithstanding the provisions of this chapter, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this chapter, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference and incentive.

Division 7. Miscellaneous
Chapter 12.8. Enterprise Zone Act
7084. (a) Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference to California-based companies that demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least 50 percent of the hours shall be accomplished at an identified worksite or worksites located in an enterprise zone.

(b) In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference on the price submitted by California-based companies that demonstrate and certify under penalty of perjury that not less than 90 percent of the labor hours required to perform the contract shall be accomplished at an identified worksite or worksites located in an enterprise zone.

(c) Where a bidder complies with subdivision (a) or (b), the state shall award a 1-percent preference for bidders who certify under penalty of perjury to hire persons living within a targeted employment area or are enterprise zone eligible employees equal to 5 to 9 percent of its workforce during the period of contract performance; a 2-percent preference for bidders who shall agree to hire persons living within a targeted employment area or are enterprise zone eligible employees equal to 10 to 14 percent of its workforce during the period of contract performance; a 3-percent preference for bidders who shall agree to hire persons living within a targeted employment area or are enterprise zone eligible employees equal to 15 to 19 percent of its workforce during the period of contract performance; and a 4-percent preference for bidders who shall agree to hire persons living within a targeted employment area or are enterprise zone eligible employees equal to 20 or more percent of its workforce during the period of contract performance.

(d) The maximum preference a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference cost under this section exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences granted pursuant to this section and any other provision of law exceed one hundred thousand dollars ($100,000). In those cases where the 15-percent cumulated preference cost would exceed the one hundred thousand dollar ($100,000) maximum preference cost limit, the one hundred thousand dollar ($100,000) maximum preference cost limit shall apply.

(e) Notwithstanding any other provision of this section, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this section, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder incentive.

(f) All state contracts issued to bidders who are awarded preferences under this section shall contain conditions to ensure that the contractor performs the contract at the location specified and meets any commitment to employ persons with high risk of unemployment.

(h) In each instance in this section an enterprise zone shall also mean any enterprise zone or program area previously authorized under any other provision of state law.

(i) As used in this section, "enterprise zone eligible employees" means employees who meet any of the requirements of clause (iv) of subparagraph (A) of paragraph (4) of subdivision (b) of Section 17053.74, or clause (iv) of subparagraph (A) of paragraph (4) of subdivision (b) of Section 23622.5, of the Revenue and Taxation Code.

Chapter 12.97. Local Agency Military Base Recovery Area Act
7118. (a) Whenever the state prepares a solicitation for a contract for goods in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference to California-based companies who demonstrate and certify under penalty of perjury that of the total labor hours required to manufacture the goods and perform the contract, at least 50 percent of the hours shall be accomplished at an identified worksite or worksites located in a local agency military base recovery area.

(b) In evaluating proposals for contracts for services in excess of one hundred thousand dollars ($100,000), except a contract in which the worksite is fixed by the provisions of the contract, the state shall award a 5-percent preference on the price submitted by California-based companies who demonstrate and certify under penalty of perjury that not less than 90 percent of the labor hours required to perform the contract shall be accomplished at an identified worksite or worksites located in a local agency military base recovery area.

(c) Where a bidder complies with subdivision (a) or (b), the state shall award a 1-percent preference for bidders who certify under penalty of perjury to hire persons living within a local agency military base recovery area equal to 5 to 9 percent of its workforce during the period of contract performance; a 2-percent preference for bidders who shall agree to hire persons living within a local agency military base recovery area equal to 10 to 14 percent of its workforce during the period of contract performance; a 3-percent preference for bidders who shall agree to hire persons living within a local agency military base recovery area equal to 15 to 19 percent of its workforce during the period of contract performance; and a 4-percent preference for bidders who shall agree to hire persons living within a local agency military base recovery area equal to 20 or more percent of its workforce during the period of contract performance.

(d) The maximum preference a bidder may be awarded pursuant to this chapter and any other provision of law shall be 15 percent. However, in no case shall the maximum preference cost under this section exceed fifty thousand dollars ($50,000) for any bid, nor shall the combined cost of preferences granted pursuant to this section and any other provision of law exceed one hundred thousand dollars ($100,000). In those cases where the 15-percent cumulated preference cost would exceed the one hundred thousand dollar ($100,000) maximum preference cost limit, the one hundred thousand dollar ($100,000) maximum preference cost limit shall apply.

(e) Notwithstanding any other provision of this section, small business bidders qualified in accordance with Section 14838 shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible, including the preference contained in this section, shall not result in the denial of the award to a small business bidder. This subdivision shall apply to those cases where the small business bidder is the lowest responsible bidder, as well as to those cases where the small business bidder is eligible for award as the result of application of the 5-percent small business bidder preference.

(f) All state contracts issued to bidders who are awarded preferences under this section shall contain conditions to ensure that the contractor performs the contract at the location specified and meets any commitment to employ persons with high risk of unemployment.

(h) In each instance in this section, a local agency military base recovery area shall also mean any local agency military base recovery area previously authorized under any other provision of state law.

Title 2. Government of the State of California
Division 3. Executive Department
Part 5.5. Department of General Services
Chapter 6.5. Small Business Procurement and Contract Act
Article 1. General Provisions

14837. As used in this chapter:

• (a) "Department" means the Department of General Services.
• (b) "Director" means the Director of General Services.
• (c) "Manufacturer" means a business that is both of the following:
  • (1) Primarily engaged in the chemical or mechanical transformation of raw materials or processed substances into new products.
  • (2) Classified between Codes 2000 to 3999, inclusive, of the Standard Industrial Classification (SIC) Manual published by the United States Office of Management and Budget, 1987 edition.
• (d)
  • (1) "Small business" means an independently owned and operated business that is not dominant in its field of operation, the principal office of which is located in California, the officers of which are domiciled in California, and that, together with affiliates, has 100 or fewer employees, and average annual gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 100 or fewer employees.
  • (2) "Microbusiness" is a small business that, together with affiliates, has average annual gross receipts of two million five hundred thousand dollars ($2,500,000) or less over the previous three years, or is a manufacturer, as defined in subdivision (c), with 25 or fewer employees.
  • (3) The director shall conduct a biennial review of the average annual gross receipt levels specified in this subdivision and may adjust that level to reflect changes in the California Consumer Price Index for all items. To reflect unique variations or characteristics of different industries, the director may establish, to the extent necessary, either higher or lower qualifying standards than those specified in this subdivision, or alternative standards based on other applicable criteria.
  • (4) Standards applied under this subdivision shall be established by regulation, in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2, and shall preclude the qualification of businesses that are dominant in their industry.
    In addition, the standards shall provide that the certified small business or microbusiness shall provide goods or services that contribute to the fulfillment of the contract requirements by performing a commercially useful function, as defined below:
    • (A) A certified small business or microbusiness is deemed to perform a commercially useful function if the business does all of the following:
      • (i) (I) Is responsible for the execution of a distinct element of the work of the contract.
      • (II) Carries out its obligation by actually performing, managing, or supervising the work involved.
      • (III) Performs work that is normal for its business services and functions.
      • (ii) Is not further subcontracting a portion of the work that is greater than that expected to be subcontracted by normal industry practices.
    • (B) A contractor, subcontractor, or supplier will not be considered to perform a commercially useful function if the contractor's, subcontractor's, or supplier's role is limited to that of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of small business or microbusiness participation.
• (e) "Disabled veteran business enterprise" means an enterprise that has been certified as meeting the qualifications established by subdivision (g) of Section 999 of the Military and Veterans Code.

14838. In order to facilitate the participation of small business, including microbusiness, in the provision of goods, information technology, and services to the state, and in the construction (including alteration, demolition, repair, or improvement) of state facilities, the directors of General Services and other state agencies that enter those contracts, each within their respective areas of responsibility, shall do all of the following:

• (a) Establish goals, consistent with those established by the Office of Small Business Certification and Resources, for the extent of participation of small businesses, including microbusinesses, in the provision of goods, information technology, and services to the state, and in the construction of state facilities.
• (b) Provide for small business preference, or nonsmall business preference for bidders that provide for small business and microbusiness subcontractor participation, in the award of contracts for goods, information technology, services, and construction, as follows:
  • (1) In solicitations where an award is to be made to the lowest responsible bidder meeting specifications, the preference to small business and microbusiness shall be 5 percent of the lowest responsible bidder meeting specifications. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be, up to a maximum of 5 percent of the lowest responsible bidder meeting specifications, determined according to rules and regulations established by the Department of General Services.
  • (2) In solicitations where an award is to be made to the highest scored bidder based on evaluation factors in addition to price, the preference to small business or microbusiness shall be 5 percent of the highest responsible bidder's total score. The preference to nonsmall business bidders that provide for small business or microbusiness subcontractor participation shall be up to a maximum 5 percent of the highest responsible bidder's total score, determined according to rules and regulations established by the Department of General Services.
  • (3) The preferences under paragraphs (1) and (2) may not be awarded to a noncompliant bidder and may not be used to achieve any applicable minimum requirements.
  • (4) The preference under paragraph (1) may not exceed fifty thousand dollars ($50,000) for any bid, and the combined cost of preferences granted pursuant to paragraph (1) and any other provision of law may not exceed one hundred thousand dollars ($100,000). In bids in which the state has reserved the right to make multiple awards, this fifty thousand dollar ($50,000) maximum preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of small businesses, including microbusiness, in the contract award.
• (c) Give special consideration to small businesses and microbusinesses by both:
  • (1) Reducing the experience required.
  • (2) Reducing the level of inventory normally required.
• (d) Give special assistance to small businesses and microbusinesses in the preparation and submission of the information requested in Section 14310.
• (e) Under the authorization granted in Section 10163 of the Public Contract Code, make awards, whenever feasible, to small business and microbusiness bidders for each project bid upon within their prequalification rating. This may be accomplished by dividing major projects into subprojects so as to allow a small business or microbusiness contractor to qualify to bid on these subprojects.
• (f) Small business and microbusiness bidders qualified in accordance with the provisions of this chapter shall have precedence over nonsmall business bidders in that the application of any bidder preference for which nonsmall business bidders may be eligible under this provision or any other provision of law shall not result in the denial of the award to a small business or microbusiness bidder. In the event of a precise tie between the low responsible bid of a bidder meeting specifications of a small business or microbusiness, and the low responsible bid of a bidder meeting the specifications of a disabled veteran-owned small business or microbusiness, the contract shall be awarded to the disabled veteran-owned small business or microbusiness. This provision applies if the small business or microbusiness bidder is the lowest responsible bidder, as well as if the small business or microbusiness bidder is eligible for award as the result of application of the small business and microbusiness bidder preference granted by subdivision (b).

Public Contract Code - http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=pcc&codebody=&hits=20

Division 2. General Provisions
Part 1. Administrative Provisions
Chapter 3. Formation
Article 5. Preference for Materials

3410. Any public entity, as defined in Section 1100, including any school district or community college district, when purchasing food, shall give preference to United States-grown produce and United States-processed foods when there is a choice and it is economically feasible to do so. For purposes of this section, the determination of "economically feasible" shall be made by the purchasing public entity, considering the total cost, quantity, and quality of the food and the budget and policies of the entity.

Chapter 6. Awarding of Contracts
6107.

• (a) As used in this section, "California company" means a sole proprietorship, partnership, joint venture, corporation, or other business entity that was a licensed California contractor on the date when bids for the public contract were opened and meets one of the following:
  • (1) Has its principal place of business in California.
  • (2) Has its principal place of business in a state in which there is no local contractor preference on construction contracts.
  • (3) Has its principal place of business in a state in which there is a local contractor construction preference and the contractor has paid not less than five thousand dollars ($5,000) in sales or use taxes to California for construction related activity for each of the five years immediately preceding the submission of the bid.
• (b)
  • (1) When awarding contracts for construction, a state agency shall grant a California company a reciprocal preference as against a nonresident contractor from any state that gives or requires a preference to be given contractors from that state on its public entity construction contracts.
  • (2) The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the non-resident contractor with the lowest responsive bid, except where the resident contractor is eligible for a California small business preference, in which case the preference applied shall be the greater of the two, but not both.
  • (3) If the contractor submitting the lowest responsive bid is not a California company and has its principal place of business in any state that gives or requires the giving of a preference on its public entity construction contracts to contractors from that state, and if a California company has also submitted a responsive bid, and, with the benefit of the reciprocal preference, the California company's bid is equal to or less than the original lowest responsive bid, the public entity shall award the contract to the California company at its submitted bid price.
• (c)
  • (1) The bidder shall certify, under penalty of perjury, that the bidder qualifies as a California company.
  • (2) A nonresident contractor shall, at the time of bidding, disclose to the awarding agency any and all bid preferences provided to the nonresident contractor by the state or country in which the nonresident contractor has its principal place of business.
• (d) The reciprocal preference is waived if the certification described in paragraph (1) of subdivision (c) does not appear on the bid.
• (e) This section does not apply if application of this section might jeopardize the receipt of federal funds or the non-resident contractor certifies, under penalty of perjury, in its bid that its state of residency does not give a preference for contractors from that state on its public entity construction contracts.
• (f) "Construction related activity" shall include, without limitation, any activity for which a California contractors' license is required.

Part 2. Contracting by State Agencies
Chapter 1. State Contract Act
Article 1.5. Minority and Women Business Participation Goals for State Contracts

10115. (c) Notwithstanding any other provision of law, contracts awarded by any state agency, department, officer, or other state governmental entity for construction, professional services (except those subject to Chapter 6 (commencing with Section 16850) of Part 3 of Division 4 of Title 2 of the Government Code), materials, supplies, equipment, alteration, repair, or improvement shall have statewide participation goals of not less than 15 percent for minority business enterprises, not less than 5 percent for women business enterprises and 3 percent for disabled veteran business enterprises. These goals apply to the overall dollar amount expended each year by the awarding department, as defined by Section 10115.1, pursuant to this article.

Chapter 2. State Acquisition of Goods and Services
Article 7.6. Recycled Oil Markets

10407. Every procuring agency shall require that purchases of lubricating oil and industrial oil be made from the seller whose oil product contains the greater percentage of recycled oil, unless the procuring agency certifies that a specific oil product containing recycled oil is any of the following:

• (1) Not reasonably available within a reasonable period of time.
• (2) Unable to meet the reasonable performance standards of the procuring agency, including any warranty requirement.
• (3) Available only at a cost greater than the cost of available virgin oil products.

10409. Every local agency, as defined in Section 17518 of the Government Code, shall purchase lubricating oil and industrial oil from the seller whose oil product contains the greater percentage of recycled oil, if the availability, fitness, quality, and price of the recycled oil product is otherwise equal to, or better than, virgin oil products. This section shall not prohibit a local agency from purchasing virgin oil products for exclusive use in vehicles whose warranties expressly prohibit the use of products containing recycled oil.

Chapter 3. Acquisition of Information Technology Goods and Services
12102. The Department of General Services shall maintain, in the State Administrative Manual, policies and procedures governing the acquisition and disposal of information technology goods and services.

• (d) The 5 percent small business preference provided for in Chapter 6.5 (commencing with Section 14835) of Part 5.5 of Division 3 of Title 2 of the Government Code and the regulations implementing that chapter shall be accorded to all qualifying small businesses.

Chapter 4. State Agency Buy Recycled Campaign
Article 1. General Provisions
12153. The Legislature finds and declares all of the following:

• (d) It is the policy of the state to encourage the expansion of businesses located in California and, to whatever extent possible, to look favorably on California businesses in the recycling industry, which include, but are not limited to, those California businesses that manufacture, distribute, or act as brokers for, recycled products.
• (g) It is the intent of the Legislature, whenever economically feasible and as markets allow, to continually expand the policies of the state to utilize recycled resources in the daily operations of the state. This includes, but is not limited to, the procurement and purchase of recycled materials, the use of recycled resources in the performance of a service or project for the state, and the purchase of equipment used for the collection and sale of waste materials generated by the state.

Article 3. Compost and Co-compost Products
12183. (a) All state departments and agencies, including, but not limited to, the Department of Transportation, the Department of Water Resources, the Department of Forestry and Fire Protection, and the Department of Parks and Recreation, shall give purchase preference to compost and cocompost products when they can be substituted for, and cost no more than, the cost of regular fertilizer or soil amendment products, or both, if the cocompost products meet all applicable state standards and regulations, as determined by appropriate testing. The product preference shall include, but not be limited to, the construction of noise attenuation barriers and safety walls, highway planting projects, and recultivation and erosion control programs.

Article 4. Recycled Materials, Goods, and Supplies
12201.

• (a) The Legislature finds and declares that it is the policy of the state to conserve and protect its resources. The Legislature further finds and declares that the use of recycled products produced as the result of the superior waste management efforts by the state and local governmental entities will help conserve resources.
• (b) It is the intent of the Legislature that the state pursue all feasible measures to improve markets for recycled products including, but not limited to, bid evaluation preferences for purchases made by the state.
• (c) If fitness and quality are equal, each state agency shall purchase recycled products instead of nonrecycled products whenever recycled products are available at the same or a lesser total cost than nonrecycled products.

12203. Each state agency shall ensure each of the following:

• (a) At least 50 percent of reportable purchases are recycled products.
• (b) The requirements specified in this article apply to all reportable purchases of state agencies for product categories listed in this article.
• (c) The reportable purchases of state agencies shall meet each requirement for, and be applied to the total dollar amount of, each specified product category as defined in this article. The purchase of a recycled product from one category may not be applied toward the requirements for, or the total dollar amount of, any other category listed in this article.
• (d) Each state agency shall require the businesses with whom it contracts to use, to the maximum extent economically feasible in the performance of the contract work, recycled products.

12207. This article applies to the purchase of goods and materials from the following product categories:

• (a) Paper products, including, but not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, and hanging files, building insulation and panels, corrugated boxes, tissue, and toweling.
• (b) Printing and writing papers including, but not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications.
• (c) Mulch, compost, and cocompost products including soil amendments, erosion controls, soil toppings, ground covers, weed suppressants, and organic materials used for water conservation.
  • (1) "Compost" means a product that meets the following requirements:
    • (A) It results from the controlled biological decomposition of organic materials, including, but not limited to, yard trimmings and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, or other source of organic materials.
    • (B) It is produced by a public or private supplier that is in compliance with the board's composting operations regulatory requirements.
  • (2) "Cocompost" means a product that meets the following requirements:
    • (A) It results from the controlled biological decomposition of a blend of organic materials, including, but not limited to, yard trimmings and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility, and also including, but not limited to, biosolids or other comparable substitutes such as livestock, horse, or other animal manure, food residues, or fish processing byproducts.
    • (B) It is produced by a public or private supplier that is in compliance with the board's composting operations regulatory requirements.
  • (3) "Mulch" means a product that meets the following requirements:
    • (A) It results from the mechanical breakdown (chipping and grinding) of materials, including, but not limited to, yard trimmings and wood byproducts that are separated from the municipal solid waste stream at the source of generation or at a centralized facility.
    • (B) It is produced by a public or private supplier that is in compliance with the board's composting operations regulatory requirements.
• (d) Glass products including, but not limited to, windows, test tubes, beakers, laboratory or hospital supplies, fibreglass (insulation), reflective beads, tiles, construction blocks, desktop accessories, flat glass sheets, loose-grain abrasives, deburring media, liquid filter media, and containers.
• (e) Lubricating oils including, but not limited to, any oil intended for use in a crankcase, transmission, engine, power steering, gearbox, differential chainsaw, transformer dielectric fluid, cutting, hydraulic, industrial, or automobile, bus, truck, vessel, plane, train, heavy equipment, or machinery powered by an internal combustion engine.
• (f)
  • (1) Plastic products including, but not limited to, printer or duplication cartridges, diskette, carpet, office products, plastic lumber, buckets, wastebaskets, containers, benches, tables, fencing, clothing, mats, packaging, signs, posts, binders, sheet, buckets, building products, garden hose, and trays.
  • (2) For purposes of this subdivision, "printer or duplication cartridges" has the same meaning as described in paragraph (2) of subdivision (f) of Section 12209.
• (g) Paint, including, but not limited to, water-based paint, graffiti abatement, interior and exterior, and maintenance.
• (h) Antifreeze, including recycled antifreeze, and antifreeze containing a bittering agent or made from polypropylene or other similar nontoxic substance.
• (i) Tires including, but not limited to, truck and bus tires, and those used on fleet vehicles and passenger cars.
• (j) Tire-derived products including, but not limited to, flooring, mats, wheelchair ramps, playground cover, parking bumpers, bullet traps, hoses, bumpers, truck bedliners, pads, walkways, tree ties, road surfacing, wheel chocks, rollers, traffic control products, mudflaps, and posts.
• (k) Metal including, but not limited to, staplers, paper clips, steel furniture, desks, pedestals, scissors, jacks, rebar, pipe, plumbing fixtures, chairs, ladders, file cabinets, shelving, containers, lockers, sheet metal, girders, building and construction products, bridges, braces, nails, and screws.

12209. For purposes of this article, the following minimum content requirements apply:

• (a) Recycled paper products shall consist of at least 30 percent, by fiber weight, postconsumer fiber.
• (b)
  • (1) Recycled printing and writing paper shall consist of at least 30 percent, by fiber weight, postconsumer fiber.
  • (2) Printed newspapers that meet the requirements of Chapter 15 (commencing with Section 42750) of Part 3 of Division 30 of the Public Resources Code shall be considered in compliance with the requirements of this section.
• (c) For recycled compost, cocompost, and mulch, at least 80 percent of the product shall consist of materials, including, but not limited to, the materials listed in subdivision (c) of Section 12207, that would otherwise be normally disposed of in landfills.
• (d) For recycled glass, the total weight shall consist of at least 10 percent postconsumer material.
• (e) Rerefined lubricating oil shall have a base oil content consisting of at least 70 percent rerefined oil.
• (f)
  • (1) For recycled plastic products, other than printer or duplication cartridges, the total weight shall consist of at least 10 percent postconsumer material.
  • (2) Recycled printer or duplication cartridges shall comply with either the requirements set forth in subdivision (e) of Section 12156 or the general requirement for recycled plastic products set forth in paragraph (1).
• (g) Recycled paint shall have a recycled content consisting of at least 50 percent postconsumer paint. Preconsumer or secondary paint does not qualify as "recycled paint" pursuant to this subdivision. If paint containing 50 percent postconsumer content is unavailable, or is restricted by a local air quality management district, a state agency may substitute paint with at least 10 percent postconsumer content.
• (h) Recycled antifreeze fluid shall have a recycled content of at least 70 percent postconsumer materials.
• (i) Retreaded tires must use an existing casing that has undergone an approved or accepted recapping or retreading process, in accordance with Chapter 7 (commencing with Section 42400) of Part 3 of Division 30 of the Public Resources Code.
• (j) For tire-derived products, the total content shall consist of at least 50 percent recycled used tires.
• (k) For recycled metal products, the total weight shall consist of at least 10 percent postconsumer material.
• (l) For reused or refurbished products, there is no minimum content requirement.

12217.

• (c) If a recycled product, as defined in subdivision (h) of Section 12200, costs more than the same product made with virgin material, the state agency shall, if feasible, purchase fewer of those more costly products or apply the cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products to meet the solid waste diversion goals of Section 41780.
• (d) Each state agency shall establish purchasing practices that ensure the purchase of goods and materials that may be recycled or reused. Each state agency shall continue activities for the collection, separation, and recycling of recyclable materials and may appoint a recycling coordinator to assist in implementing this section.

Chapter 5. Recycled Product Procurement by the Legislature
Article 1. General Provisions
12305.5. If a recycled product costs more than the same product made with virgin material, the Legislature shall purchase fewer of those more costly products or apply cost savings, if any, gained from buying other recycled products towards the purchase of those more costly products.

Article 2. Recycled Paper Products
12310. (a) On and after January 1, 1997, at least 50 percent of the total dollar amount of paper products purchased or procured by the Legislature shall be purchased as a recycled paper product, as defined in Section 12301. In addition, at least 25 percent of the total fine writing and printing paper purchased by the Legislature shall be recycled paper products, as defined in Section 12301.

California Code of Regulations - http://government.westlaw.com/linkedslice/default.asp?Action=TOC&RS=GVT1.0&VR=2.0&SP=CCR-1000

Title 2. Administration
Division 2. Financial Operations
Chapter 3. Department of General Services
Subchapter 8. Office of Small Business Procurement and Contracts
Article 2. Small Business Preference

§ 1896.6. Application of the Small Business and Non-Small Business Subcontractor Preferences.

• (a) Small businesses will be granted the five percent (5%) small business preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced, responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in s 1896.8, and when the small business:
  • (1) Has included in its bid a notification to the awarding department that it is a small business or that it has submitted to the Department a complete application pursuant to s 1896.14 no later than 5:00 p.m. on the bid due date, and is subsequently certified by the Department as a small business; and
  • (2) Has submitted a timely, responsive bid; and
  • (3) Is determined to be a responsible bidder.
• (b) Non-small business bidders will be granted a five percent (5%) non-small business subcontractor preference on a bid evaluation by an awarding department when a responsible non-small business has submitted the lowest-priced responsive bid or a bid that has been ranked as the highest scored bid pursuant to a solicitation evaluation method described in s1896.8, and when the non-small business bidder:
  • (1) Has included in its bid a notification to the awarding department that it commits to subcontract at least twenty-five percent (25%) of its net bid price with one or more small business(es); and
  • (2) Has submitted a timely, responsive bid; and
  • (3) Is determined to be a responsible bidder; and
  • (4) Submits a list of the small business(es) it commits to subcontract with for a commercially useful function in the performance of the contract. The list of subcontractors shall include their name, address, phone number, a description of the work to be performed, and the dollar amount or percentage (as specified in the solicitation) per subcontractor.

§ 1896.8. Computing the Small Business and the Non-Small Business Subcontractor Preferences.

• (a) Awards Made to the Lowest Responsive, Responsible Bidder
  • (1) The five percent (5%) small business or non-small business subcontractor preferences are used for bid evaluation purposes when determining a contract award in the following situations:
    • (A) There is at least one small business competing, and award of the contract will be made to the lowest responsive, responsible bidder. The preference shall be computed as follows:
      • 1. Five percent (5%) is computed from the lowest, responsive and responsible bid of a business that is not a small business. This results in the preference amount.
      • 2. The preference amount is subtracted from the small business' bid amount.
    • (B) There is at least one non-small business competing that is subcontracting at least twenty-five percent (25%) of its net price bid to one or more small businesses, and award of the contract will be made to the lowest responsive, responsible bidder. The preference shall be computed as follows:
      • 1. Five percent (5%) is computed from the lowest, responsive and responsible bid of a business that is not a small business, or is not subcontracting to a small business. This results in the preference amount.
      • 2. The preference amount is subtracted from the bid of the non-small business that is subcontracting at least twenty-five percent of its net price bid to one or more small businesses.
• (b) Awards Based on Highest Scored Proposal
  • (1) The five percent (5%) small business preference or non-small business subcontractor preferences are used for bid evaluation purposes when determining a contract award in the following situations:
    • (A) There is at least one small business competing, and award of the contract is to be made to the highest scored responsive bid submitted by a responsible bidder following an evaluation process that weighs factors other than price, together in a formula with price. The preference shall be computed as follows:
      • 1. The awarding department shall specify the minimum number of points, if any, that a bid must receive in order to be deemed responsive and of acceptable quality. If a small business does not achieve the specified minimum number of points, it shall not be entitled to the five percent (5%) preference.
      • 2. Five percent (5%) of the score of the highest scored responsive bid submitted by a responsible non-small business is computed as specified in the solicitation. The result of the calculation is a number that represents the preference points.
      • 3. The preference points are then included in the formula as specified in the solicitation to determine the highest scored bidder.
    • (B) There is at least one non-small business competing that is subcontracting at least twenty-five percent (25%) of its net price bid to one or more small businesses, and award of the contract is to be made to the highest scored responsive bid submitted by a responsible bidder following an evaluation process that weighs factors other than price, together in a formula with price. The preference shall be computed as follows:
      • 1. The awarding department shall specify the minimum number of points, if any, that a bid must receive in order to be deemed responsive and of acceptable quality. If a non-small business does not achieve the specified minimum number of points, it shall not be entitled to the five percent (5%) preference.
      • 2. If the non-small business achieves the specified minimum number of points, five percent (5%) of the score of the highest scored responsive bid submitted by a responsible non-small business that is not subcontracting a minimum of twenty-five percent (25%) of its net price bid to one or more small businesses is computed as specified in the solicitation. The result of the calculation is a number that represents the preference points
      • 3. The preference points are then included in the formula as specified in the solicitation to determine the highest scored bidder.
• (c) If, after application of the small business preference to the bid of a small business, that bid is equal to the lowest priced, responsive bid from a responsible non-small business, or equal to the highest scored bid offered by a responsible non-small business, as applicable, the contract shall be awarded to the small business for the amount of its bid.
• (d) If, after application of the non-small business subcontractor preference, a responsible non-small business that has submitted a responsive bid is the lowest bidder, and does not displace a small business from winning the award, the contract shall be awarded to the non-small business for the amount of its bid.
• (e) In no event shall the amount of the small business or non-small business subcontractor preferences awarded on a single bid exceed $50,000, and in no event shall the combined cost of the small business or non-small business subcontractor preference and preferences awarded pursuant to any other provision of law exceed $100,000. In bids that the state has reserved the right to award by line item, or make multiple awards, the small business preference shall be applied to maximize the participation of small businesses.
• (f) In the event of a precise tie between the bid of a small business and the bid of a disabled veteran business enterprise that is also a small business, the award shall go to the disabled veteran business enterprise that is also a small business.

§ 1896.12. Eligibility for Certification as a Small Business.

• (a) To be eligible for certification as a small business, a business must meet all of the following qualifying criteria:
  • (1) It is independently owned and operated; and
  • (2) The principal office is located in California; and
  • (3) The officers of the business in the case of a corporation; officers and/or managers, or in the absence of officers and/or managers, all members in the case of a limited liability company; or the owner(s) in all other cases, are domiciled in California; and
  • (4) It is not dominant in its field of operation(s), and
  • (5) It is either:
    • (A) A business that, together with all affiliates, has 100 or fewer employees, and annual gross receipts of twelve million dollars ($12,000,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code s 14837(d)(3); or
    • (B) A manufacturer as defined herein that, together with all affiliates, has 100 or fewer employees.
• (b) To be eligible for designation as a microbusiness, a business must meet all the qualifying criteria in subparagraph (a), and in addition, must be either:
  • (1) A business that, together with all affiliates, has annual gross receipts of two million, seven hundred and fifty thousand dollars ($2,750,000) or less as averaged for the previous three tax years, as adjusted by the Department pursuant to Government Code s14837(d)(3); or
  • (2) A manufacturer as defined herein that, together with all affiliates, has 25 or fewer employees.

§ 1896.31. Worksite Preference/Contract for Goods.
Whenever a state agency prepares an invitation for bid (IFB) for a contract for the purchase of goods, the cost of which is estimated to be in excess of $100,000, except a contract where the worksite will be fixed by the terms of the contract, provision shall be made in the IFB for a 5 percent preference for California based companies who certify under the penalty of perjury that no less than 50 percent of the labor required to perform the contract shall be accomplished at a worksite or worksites located in a distressed area.

§ 1896.32. Hiring Preference/Contract for Goods.
Where a bidder complies with the provisions of rule 1896.31 the state shall award additional preferences ranging from 1 percent to 4 percent in accordance with Government Code Section 4533.1 if the bidder certifies under penalty o perjury it will hire the specified percentage of persons with high risk of unemployment during the period of contract performance.

§ 1896.34. Worksite Preference/Contract for Services.
Whenever a state agency prepares an IFB or a request for proposals (RFP) for a contract for services, the cost of which is estimated to be in excess of $100,000, except an IFB or a RFP where the worksite is fixed by the terms of the contract, provision shall be made in the IFB or the RFP for a 5 percent preference on the price submitted by California based companies who certify under penalty of perjury that they shall perform the contract at a worksite or worksites located in a distressed area.

§ 1896.35. Hiring Preference/Contract for Services.
Where a bidder complies with the provisions of rule 1896.34 the state shall award additional preferences ranging from 1 percent to 4 percent in accordance with Government Code Section 4534.1 if the bidder certifies under penalty of perjury it will hire the specified percentages of persons with high risk of unemployment for contract performance.

§ 1896.101. Worksite Preference/Contract for Goods.
Whenever a state agency prepares an invitation for bid (IFB) for a contract for the purchase of goods, the cost of which is estimated to be in excess of $100,000, except a contract where the worksite will be fixed by the terms of the contract, provision shall be made in the IFB for a 5-percent preference for California-based companies who certify under penalty of perjury that no less than 50 percent of the labor required to perform the contract shall be accomplished at a worksite or worksites located in a program area.

§ 1896.102. Hiring Preference/Contract for Goods.
Where a bidder complies with the provisions of rule 1896.71 the state shall award additional preferences ranging from 1-percent to 4-percent in accordance with Government Code section 7095(b) if the bidder certifies under penalty of perjury it will hire the specified percentage of persons living in a high density unemployment area or enterprise zone qualified employees during the period of contract performance.

§ 1896.104. Worksite Preference/Contract for Services.
Whenever a state agency prepares an IFB or a request for proposals (RFP) for a contract for services, the cost of which is estimated to be in excess of $100,000, except an IFB or a RFP where the worksite is fixed by the terms of the contract, provision shall be made in the IFB or the RFP for a 5-percent preference on the price submitted by California-based companies who certify under penalty of perjury that they shall perform the contract at a worksite or worksites located in a program area.

§ 1896.105. Hiring Preference/Contract for Services.
Where a bidder complies with the provisions of rule 1896.74 the state shall award additional preferences ranging from 1-percent to 4-percent in accordance with Government Code section 7095(d) if the bidder certifies under penalty of perjury it will hire the specified percentages of persons living in high density unemployment areas or enterprise zone qualified employees for contract performance.

Colorado

Colorado Revised Statutes - http://www.lexisnexis.com/hottopics/colorado/

Title 8. Labor and Industry
Article 18. Preference to State Commodities and Services

8-18-101. Bid preference - state contracts.

• (1)
  • (a) Except as provided in paragraph (b) of this subsection (1) and in section 8-18-103, when a contract for commodities or services is to be awarded to a bidder, a resident bidder as defined in section 8-19-102 (2) shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.
  • (b) Notwithstanding paragraph (a) of this subsection (1), when an invitation for bids for a contract for the purchase of commodities results in a low tie bid, as defined in section 24-103-101, C.R.S., the provisions of section 24-103-202.5, C.R.S., apply.
  • (c) For the purposes of this subsection (1), "commodities" includes supplies as defined in section 24-101-301 (22), C.R.S.
• (2) If it is determined by the officer responsible for awarding the bid that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
• (3) This section applies to contracts governed by the procurement code in articles 101 to 112 of title 24, C.R.S.

8-19-102. Definitions.
As used in this article, unless the context otherwise requires:

• (2) "Resident bidder" means:
  • (a) A person, partnership, corporation, or joint venture which is authorized to transact business in Colorado and which maintains its principal place of business in Colorado; or
  • (b) A person, partnership, corporation, or joint venture which:
    • (I) Is authorized to transact business in Colorado;
    • (II) Maintains a place of business in Colorado;
    • (III) Has paid Colorado unemployment compensation taxes in at least seventy-five percent of the eight quarters immediately prior to bidding on a construction contract for a public project.

8-18-103. Preference for state agricultural products.

• (1) When purchasing agricultural products, a governmental body, as defined in section 24-101-301 (10), C.R.S., shall award the contract to a resident bidder, as defined in section 8-19-102 (2), who produces products in the state, subject to the conditions in subsection (2) of this section.
• (2) The preference in subsection (1) of this section shall apply only if the following conditions are met:
  • (a) The quality of available products produced in the state is equal to the quality of products produced outside the state;
  • (b) Available products produced in the state are suitable for the use required by the purchasing entity;
  • (c) The resident bidder is able to supply products produced in the state in sufficient quantity, as indicated in the invitation for bids; and
  • (d)
    • (I) The resident bidder's bid or quoted price for products produced in the state does not exceed the lowest bid or price quoted for products produced outside the state or the resident bidder's bid or quoted price reasonably exceeds the lowest bid or price quoted for products produced outside the state.
    • (II) For purposes of this paragraph (d), "reasonably exceeds" shall occur when the head of the governmental body, or other public officer charged by law with the duty to purchase such products, at his or her sole discretion, determines such higher bid to be reasonable and capable of being paid out of that governmental body's existing budget, without any further supplemental or additional appropriation.
• (3)
  • (a) For purposes of this section, an agricultural product is produced in the state if it is grown, raised, or processed in the state.
  • (b) A resident bidder that seeks to qualify for the preference created by subsection (1) of this section shall certify to the governmental body inviting the bid and provide documentation confirming that the resident bidder's agricultural product was produced in the state. The governmental body may rely in good faith on such certification and documentation.
• (4) A governmental body shall report to the joint budget committee of the general assembly, or any successor committee, any cost increases associated with the provisions of this section during the previous fiscal year.
• (5) This section shall apply to contracts governed by the "Procurement Code" in articles 101 to 112 of title 24, C.R.S.

Article 19. Bid Preference - Public Projects
8-19-101. Bid preference - public projects.

• (1) When a construction contract for a public project is to be awarded to a bidder, a resident bidder shall be allowed a preference against a nonresident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident.
• (2) If it is determined by the officer responsible for awarding the bid that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.

8-19-102.5. Resident bidder - reciprocity.
In addition to any other criteria for awarding a preference under this article, the residence, registration, unemployment compensation, and other preference conditions applied to a Colorado resident bidder doing business in another state or foreign country shall be applied to a resident bidder from that state or foreign country doing business in Colorado in determining whether a preference shall be allowed.

Title 24. Government - State
Article 30. Department of Personnel - State Administrative Support Services
Part 14. Negotiation of Consultants' Contracts

24-30-1403. Professional services - listings - preliminary selections.
(2) For each proposed project for which professional services are required, the principal representative of the state agency for which the project is to be done shall evaluate current statements of qualifications and performance data on file with the department and shall conduct discussions with no less than three persons regarding their qualifications, approaches to the project, abilities to furnish the required professional services, anticipated design concepts, and use of alternative methods of approach for furnishing the required professional services. The principal representative shall then select, in order of preference, no less than three persons ranked in order and deemed to be most highly qualified to perform the required professional services after considering, and based upon, such factors as the ability of professional personnel, past performance, willingness to meet time and budget requirements, location, current and projected work loads, the volume of work previously awarded to the person by the state agency, and the extent to which said persons have and will involve minority subcontractors, with the object of effecting an equitable distribution of contracts among qualified persons as long as such distribution does not violate the principle of selection of the most highly qualified person. In selection as mentioned in this section, Colorado firms shall be given preference when qualifications appear to be equal. All selections are subject to approval by the principal representative, and all contracts between the principal representative and such selected professionals shall be consistent with appropriation and legislative intent.

Article 103. Source Selection and Contract Formation
Part 2. Methods of Source Selection

24-103-202.5. Low tie bids - award procedure and determination - bid preference.

• (1) If low tie bids are received in response to an invitation for bids for a supply contract, the following procedures are required:
  • (a) If the low tie bids are from a resident bidder and a nonresident bidder, the resident bidder shall be given preference over the nonresident bidder;
  • (b) If the low tie bids are from resident bidders, the procurement officer shall:
    • (I) Use a fair and reasonable procedure for determining which bidder receives the contract award that at a minimum provides for the presence, at the time and place the determination is made, of the bidders or the bidders' representatives and an impartial witness designated by the procurement officer who is not an employee of that procurement officer's agency; and
    • (II) Give the bidders at least five business days' written notice by certified mail of the date the determination will be made, of the procedure for making the determination, and that the bidders or the bidders' representatives may be present when the determination is made;
  • (c) If the low tie bids are only from nonresident bidders, the procurement officer shall follow the procedures in subparagraphs (I) and (II) of paragraph (b) of this subsection (1);
  • (d) All other applicable provisions of the code that are not inconsistent with this section shall be followed.
• (2) If the procurement officer determines that compliance with this section will cause denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law.

Article 111. Preferences in Awarding Contracts - Federal Assistance Requirements
24-111-102. Priorities among preferences.

• (1) When two or more socioeconomic procurement programs are applicable to the same procurement, businesses benefitting from such programs shall be considered in the following order of precedence:
  • (a) Correctional industries;
  • (b) Industries for the visually impaired;
  • (c) Industries for persons with severe disabilities.

Title 43. Transportation
Article 1. General and Administrative
Part 14. Design-Build Contracts

43-1-1406. General procedures.
(2) Except as provided in this subsection (2), the department shall allow the preference to Colorado residents provided in section 8-19-101, C.R.S., in awarding an adjusted score design-build contract pursuant to this part 14. In evaluating and selecting a proposal for a design-build contract under this part 14, the department shall assign greater value to a proposal in proportion to the extent such proposal commits to using Colorado residents to perform work on the transportation project. If, however, the department determines that compliance with this subsection (2) may cause the denial of federal moneys that would otherwise be available for the transportation project or if such compliance would otherwise be inconsistent with the requirements of federal law, the department shall suspend the preference granted under this subsection (2) only to the extent necessary to prevent denial of federal moneys or to eliminate the inconsistency with federal law.

Code of Colorado Regulations - http://www.sos.state.co.us/CCR/Welcome.do

Series 100. Department of Personnel and Administration
101. Division of Finance and Procurement
1 CCR-101-9. Procurement Rules
Article 111. Preferences in Awarding Contracts - Federal Assistance Requirements

R-24-111-102-02. Preferences

• (a) No provision is made in this Code for preferences or set asides for minority-owned or women-owned businesses.
• (c) In the event tie low bids are received in response to solicitations for bids for commodities, pursuant to §24-103-202 CRS, preference is given to the resident bidder, pursuant to § §24-103-202.5 and 8-18-101 CRS.

Connecticut

General Statutes of Connecticut - http://www.cga.ct.gov/asp/menu/statutes.asp

Title 4a. Administrative Services
Chapter 58. Purchases and Printing

Sec. 4a-59. (Formerly Sec. 4-114). Award of contracts.

(c) All open market orders or contracts shall be awarded to (1) the lowest responsible qualified bidder, the qualities of the articles to be supplied, their conformity with the specifications, their suitability to the requirements of the state government and the delivery terms being taken into consideration and, at the discretion of the Commissioner of Administrative Services, life-cycle costs and trade-in or resale value of the articles may be considered where it appears to be in the best interest of the state, (2) the highest scoring bidder in a multiple criteria bid, in accordance with the criteria set forth in the bid solicitation for the contract, or (3) the proposer whose proposal is deemed by the awarding authority to be the most advantageous to the state, in accordance with the criteria set forth in the request for proposals, including price and evaluation factors. Notwithstanding any provision of the general statutes to the contrary, each state agency awarding a contract through competitive negotiation shall include price as an explicit factor in the criteria in the request for proposals and for the contract award. In considering past performance of a bidder for the purpose of determining the "lowest responsible qualified bidder" or the "highest scoring bidder in a multiple criteria bid", the commissioner shall evaluate the skill, ability and integrity of the bidder in terms of the bidder's fulfillment of past contract obligations and the bidder's experience or lack of experience in delivering supplies, materials, equipment or contractual services of the size or amount for which bids have been solicited. In determining the lowest responsible qualified bidder for the purposes of this section, the commissioner may give a price preference of up to ten per cent for (A) the purchase of goods made with recycled materials or the purchase of recyclable or remanufactured products if the commissioner determines that such preference would promote recycling or remanufacturing. As used in this subsection, "recyclable" means able to be collected, separated or otherwise recovered from the solid waste stream for reuse, or for use in the manufacture or assembly of another package or product, by means of a recycling program which is reasonably available to at least seventy-five per cent of the state's population, "remanufactured" means restored to its original function and thereby diverted from the solid waste stream by retaining the bulk of components that have been used at least once and by replacing consumable components and "remanufacturing" means any process by which a product is remanufactured; (B) the purchase of motor vehicles powered by a clean alternative fuel; or (C) the purchase of motor vehicles powered by fuel other than a clean alternative fuel and conversion equipment to convert such motor vehicles allowing the vehicles to be powered by either the exclusive use of clean alternative fuel or dual use of a clean alternative fuel and a fuel other than a clean alternative fuel. As used in this subsection, "clean alternative fuel" shall mean natural gas or electricity when used as a motor vehicle fuel. All other factors being equal, preference shall be given to supplies, materials and equipment produced, assembled or manufactured in the state and services originating and provided in the state. If any such bidder refuses to accept, within ten days, a contract awarded to such bidder, such contract may be awarded to the next lowest responsible qualified bidder or the next highest scoring bidder in a multiple criteria bid, whichever is applicable, and so on until such contract is awarded and accepted. If any such proposer refuses to accept, within ten days, a contract awarded to such proposer, such contract shall be awarded to the next most advantageous proposer, and so on until the contract is awarded and accepted. There shall be a written evaluation made of each bid. This evaluation shall identify the vendors and their respective costs and prices, document the reason why any vendor is deemed to be nonresponsive and recommend a vendor for award. A contract valued at one million dollars or more shall be awarded to a bidder other than the lowest responsible qualified bidder or the highest scoring bidder in a multiple criteria bid, whichever is applicable, only with written approval signed by the Commissioner of Administrative Services and by the Comptroller. The commissioner shall submit to the joint standing committee of the General Assembly having cognizance of matters relating to government administration, the State Auditors and the Comptroller, an annual report of all awards made pursuant to the provisions of this section.

Delaware

Delaware Code - http://delcode.delaware.gov/

Title 29. State Government
Chapter 69. State Procurement
Subchapter 4. Public Works Contracting

§ 6962. Large public works contract procedures.

• (d) Bid specifications and plans requirements. -
  • (4) Special provisions. -
    • b. Preference for Delaware labor. - In the construction of all public works for the State or any political subdivision thereof or by firms contracting with the State or any political subdivision thereof, preference in employment of laborers, workers or mechanics shall be given to bona fide legal citizens of the State who have established citizenship by residence of at least 90 days in the State. Each public works contract for the construction of public works for the State or any political subdivision thereof shall contain a stipulation that any person, company or corporation who violates this section shall pay a penalty to the Secretary of Finance equal to the amount of compensation paid to any person in violation of this section.

Florida

Florida Statutes - http://www.leg.state.fl.us/Statutes/

Title XVIII. Public Lands and Property
Chapter 255. Public Property and Publicly Owned Buildings

255.04 Preference to home industries in building public buildings.
--Every official board in the state, whether of the state, a county, or a municipality, which may be charged with the duty of erecting or constructing any public administrative or institutional building shall give preference, in the purchase of material and in letting contracts for the construction of such building, to materialmen, contractors, builders, architects, and laborers who reside within the state, whenever such material can be purchased or the services of such materialmen, contractors, builders, architects, and laborers can be employed at no greater expense than that which would obtain if such purchase was made from, or contract let or employment given to, a person residing beyond the limits of the state. However, this section in no way prohibits the right of any such official board to compare the quality of materials proposed for purchase and to compare the qualifications, character, responsibility, and fitness of materialmen, contractors, builders, and architects proposed for employment in its consideration of the purchase of materials or employment of persons. Notwithstanding the foregoing, no county official, board of county commissioners, school board, city council or city council members, or other public official, state board, or state agency charged with the letting of contracts or purchase of materials for the construction, modification, alteration, or repair of any publicly owned facility may specify the use of materials or systems by a sole source, unless:

• (1) The governmental body, after consideration of all available alternative materials and systems, determines that the specification of a sole material or system is justifiable based upon its cost or interchangeability;
• (2) The sole source specification has been recommended by the architect or engineer of record; and
• (3) The consideration by, and the justifications of, the governmental body are documented, in writing, in the project file.

Title IX. Public Business
Chapter 283. Public Printing

283.35 Preference given printing within the state.
--Every agency shall give preference to vendors located within the state when awarding contracts to have materials printed, whenever such printing can be done at no greater expense than the expense of awarding a contract to a vendor located outside the state and can be done at a level of quality comparable to that obtainable from a vendor located outside the state.

Chapter 287. Procurement of Personal Property and Services
287.084 Preference to Florida businesses.

• (1) When an agency, county, municipality, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, county, municipality, school district, or other political subdivision of this state may award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business. However, this section does not apply to transportation projects for which federal aid funds are available.
• (2) If a solicitation provides for the granting of such preference as is provided in this section, any vendor whose principal place of business is outside the State of Florida must accompany any written bid, proposal, or reply documents with a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that state to its own business entities whose principal places of business are in that foreign state in the letting of any or all public contracts.

Chapter 288. Commercial Developments and Capital Improvements
288.703 Definitions.
--As used in this act, the following words and terms shall have the following meanings unless the content shall indicate another meaning or intent:

• (1) "Small business" means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that, together with its affiliates, has a net worth of not more than $5 million or any firm based in this state which has a Small Business Administration 8(a) certification. As applicable to sole proprietorships, the $5 million net worth requirement shall include both personal and business investments.
• (2) "Minority business enterprise" means any small business concern as defined in subsection (1) which is organized to engage in commercial transactions, which is domiciled in Florida, and which is at least 51-percent-owned by minority persons who are members of an insular group that is of a particular racial, ethnic, or gender makeup or national origin, which has been subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of commercial enterprises under the group's control, and whose management and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession. Ownership by a minority person does not include ownership which is the result of a transfer from a nonminority person to a minority person within a related immediate family group if the combined total net asset value of all members of such family group exceeds $1 million. For purposes of this subsection, the term "related immediate family group" means one or more children under 16 years of age and a parent of such children or the spouse of such parent residing in the same house or living unit.
• (3) "Minority person" means a lawful, permanent resident of Florida who is:
  • (a) An African American, a person having origins in any of the black racial groups of the African Diaspora, regardless of cultural origin.
  • (b) A Hispanic American, a person of Spanish or Portuguese culture with origins in Spain, Portugal, Mexico, South America, Central America, or the Caribbean, regardless of race.
  • (c) An Asian American, a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands, including the Hawaiian Islands prior to 1778.
  • (d) A Native American, a person who has origins in any of the Indian Tribes of North America prior to 1835, upon presentation of proper documentation thereof as established by rule of the Department of Management Services.
  • (e) An American woman.
• (4) "Certified minority business enterprise" means a business which has been certified by the certifying organization or jurisdiction in accordance with s. 287.0943(1) and (2).
• (5) "Department" means the Department of Management Services.
• (6) "Ombudsman" means an office or individual whose responsibilities include coordinating with the Office of Supplier Diversity for the interests of and providing assistance to small and minority business enterprises in dealing with governmental agencies and in developing proposals for changes in state agency rules.
• (7) "Financial institution" means any bank, trust company, insurance company, savings and loan association, credit union, federal lending agency, or foundation.
• (8) "Secretary" means the secretary of the Department of Management Services.

Florida Administrative Code - https://www.flrules.org/Default.asp

Public Service Commission
Division 25. Departmental
Chapter 25.25. Purchasing - General Purchasing Procedures

25-25.009 Source Selection, Bid Openings and Contract Awards.
(5) Preference to Bidders within the State. Preference shall be given to bidders located within the State of Florida when awarding contracts, whenever commodities bid can be purchased at no greater expense than, and at a level of quality comparable to, those bid by a bidder located outside of the State of Florida.

25-25.025 Minority Business Companies.

• (1) It is the policy of the Commission to encourage participation by minority business companies as defined in Section 287.012, F.S., in Commission contracts.
• (2) If two identical bids/proposals to an invitation for bids or request for proposals are received and one response is from a minority owned company, the Commission shall enter into a contract with the minority owned company.
• (3) Except for the preferences outlined in subsections 25-25.009(5) and (2), F.A.C., of this rule, the award of identical bids/ proposals shall be determined by lot.

Georgia

Code of Georgia - http://www.lexis-nexis.com/hottopics/gacode/default.asp

Title 50. State Government
Chapter 5. Department of Administrative Services
Article 3. State Purchasing
Part 1. General Authority, Duties, and Procedure

§ 50-5-60. Preference to supplies, equipment, materials, and printing produced in Georgia generally

• (a) It shall be the duty of the Department of Administrative Services, in the purchase of and in contracting for any supplies, materials, equipment, and printing, to give preference as far as may be reasonable and practicable to such materials, supplies, equipment, and printing as may be manufactured or produced in this state. It is the intention of this subsection that the state use, insofar as is practicable, Georgia products and Georgia labor; provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided, further, that preference in all cases shall be given to surplus products or articles produced or manufactured by other state departments, institutions, or agencies, which are available for distribution.
• (b) Vendors resident in the State of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other state to vendors resident therein over vendors resident in the State of Georgia.

§ 50-5-60.2. Use of recycled content paper products
(b) At least 95 percent of moneys spent on printing and writing paper purchased by state agencies, commissions, and authorities shall be spent upon recycled content paper which meets or exceeds Environmental Protection Agency guidelines for minimum recycled content; provided, however, the provisions of this subsection shall not apply if the price of recycled content paper required by this Code section exceeds 8 percent of the price paid by the Department of Administrative Services for 100 percent virgin paper products or if the recycled content paper required by this Code section does not meet the standards, quality level, and specifications established by the Department of Administrative Services.

§ 50-5-60.4. Use of compost and mulch in road building, land maintenance, and land development activities; preference to be given Georgia compost and mulch
(a) All state agencies, departments, and authorities responsible for the maintenance of public lands shall give preference to the use of compost and mulch in all road building, land maintenance, and land development activities. Preference shall be given to compost and mulch made in the State of Georgia from organics which are source separated from the state's nonhazardous solid waste stream.

§ 50-5-61. State and local authorities to give preference to supplies, materials, and printing produced in Georgia
State and local authorities created by law, in the purchase of and contracting for any supplies, materials, equipment, and agricultural products, shall give preference as far as may be reasonable and practicable to such materials, supplies, equipment, and agricultural products as may be manufactured or produced in this state. Such preference shall not sacrifice price or quality.

§ 50-5-62. Preference to local sellers of Georgia products
The Department of Administrative Services, in awarding of contracts, all things being equal, shall give preference to local sellers of Georgia products when it is possible to do so, the interest of the state is not sacrificed, and the quality and prices permit it.

§ 50-5-63. Exclusive use of Georgia forest products in state construction contracts; exception where federal regulations conflict

• (a) No contract for the construction of, addition to, or repair of any facility, the cost of which is borne by the state or any department, agency, commission, authority, or political subdivision thereof, shall be let unless the contract contains a stipulation therein providing that the contractor or any subcontractor shall use exclusively Georgia forest products in the construction thereof, when forest products are to be used in such construction, addition, or repair, and if Georgia forest products are available.
• (b) This Code section shall not apply when in conflict with federal rules and regulations concerning construction.

§ 50-5-73. Goods and services to be obtained from correctional industries when certified as available
(a) All services provided or goods, wares, or merchandise produced wholly or in part by the Georgia Correctional Industries Administration and needed by the departments, institutions, and agencies of the state and its political subdivisions supported wholly or in part by public funds shall be obtained from the Georgia Correctional Industries Administration where such services, goods, wares, or merchandise have been certified in writing by the commissioner of corrections as available and of competitive quality and price. Where not certified as available from the Georgia Correctional Industries Administration, services, goods, wares, or merchandise shall be obtained from other agencies or activities of the state which are legally authorized to engage in the provision of such and have certified the availability with the advice and consent of the Department of Administrative Services.

§ 50-5-81. Unlawful for agencies or subdivisions to purchase other than United States produced beef; exceptions; penalty

• (a) It shall be unlawful for the state; any branch, department, agency, board, or commission of the state; any county, municipality, board of education, or other political subdivision; or any officer, agent, or employee of any of the foregoing to purchase or authorize the purchase of any beef other than beef raised and produced within the United States when the purchase is to be made with governmental funds. This Code section shall not apply to canned meat which is not available from a source within the United States and which is not processed in the United States.
• (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor.

Hawaii

Hawaii Statutes - http://www.capitol.hawaii.gov/

Title 9, Chapter 103D.
§103D-1002 Hawaii products.

• (a) A purchasing agency shall review all specifications in a bid or proposal for purchase from the Hawaii products list where these products are available; provided that the products:
  • (1) Meet the minimum specifications and the selling price f.o.b. jobsite;
  • (2) Unloaded including applicable general excise tax and use tax does not exceed the lowest delivered price in Hawaii f.o.b. jobsite; and
  • (3) Unloaded, including applicable general excise tax and use tax, does not exceed the lowest delivered price of a similar non-Hawaii product by more than:
    • (A) Three per cent where class I Hawaii products are involved;
    • (B) Five per cent where class II Hawaii products are involved; or
    • (C) Ten per cent where class III Hawaii products are involved.
• (d) Where a bid or proposal contains both Hawaii and non-Hawaii products, then for the purpose of selecting the lowest bid or purchase price only, the price bid or offered for a Hawaii product item shall be decreased by subtracting therefrom: three per cent, five per cent, or ten per cent for the class I, class II, or class III Hawaii product items bid or offered, respectively. The lowest total bid or proposal, taking the preference into consideration, shall be awarded the contract unless the bid or offer provides for additional award criteria. The contract amount of any contract awarded, however, shall be the amount of the bid or price offered, exclusive of the preferences.

§103D-1003 Printing, binding, and stationery work.

• (a) All bids submitted for a printing, binding, or stationery section 103D-302 contract in which all work will be performed in-state, including all preparatory work, presswork, bindery work, and any other production-related work, to include storage and shipping costs, shall receive a fifteen per cent preference for purposes of bid evaluation.
• (b) Where bids are for work performed in-state and out-of-state, then for the purpose of selecting the lowest bid submitted only, the amount bid for work performed out-of-state shall be increased by fifteen per cent. The lowest total bid, taking the preference into consideration, shall be awarded the contract unless the solicitation provides for additional award criteria. The contract amount awarded, however, shall be the amount of the price offered, exclusive of the preference.

§103D-1004 Reciprocity.

• (a) To ensure fair and open competition for Hawaii businesses engaged in contracting with other states, the chief procurement officer may impose a reciprocal preference against bidders from those states which apply preferences. The amount of the reciprocal preference shall be equal to the amount by which the non-resident preference exceeds any preference applied by this State. In determining whether a bidder qualifies as a resident bidder, the definition used by the other state in applying a preference shall apply.
• (b) The policy board shall adopt rules to implement this section.
• (c) This section shall not apply to any transaction if the provisions of the section conflict with any federal laws.

§103D-1005 Recycled products.

• (a) To encourage the use of recycled products, contracts shall be awarded to the lowest responsible and responsive bidders, with preference being given to the products containing recycled material. The policy board shall adopt rules in accordance with chapter 91 governing preference for recycled products. The rules shall establish percentages of preference and the method of determining the contents of recycled material to qualify various products for preference.
• (b) The state procurement office, with the assistance of the office of solid waste management in the department of health as provided in section 342G-42, shall develop a recycled product procurement program that shall require state purchasing agencies and urge county purchasing agencies to:
  • (1) Apply preference to the purchase of products with recycled content before purchasing products without any recycled content;
  • (2) Be consistent with applicable federal specification standards incorporated in Executive Order No. 12873, signed by the President of the United States on October 20, 1993, and any subsequent amendments to that order; and
  • (3) Ensure, to the maximum extent economically feasible, the purchase of materials that may be recycled or reused when discarded, and to avoid the purchase of products deemed environmentally harmful.
• (c) In addition to the requirements for the purchase of office paper and printed material under subsection (e), and when appropriate, purchase specifications shall include, but not be limited to, paper, paper products, glass and glass by-products, plastic products, mulch and soil amendments, tires, batteries, oil, paving materials and base, subbase, and pervious backfill materials. Paving materials to be considered shall include, but are not limited to, asphalt, tires, crushed concrete for base, subbase, and paving materials. The standards and specifications shall provide for the use of recycled materials and shall not reduce the quality standards for highway and road construction.
• (d) The chief procurement officers shall periodically review their specifications to determine whether discrimination against procured goods with recycled contents exists and shall revise these specifications to eliminate any such discrimination.
• (e) When purchasing office paper and printed material, state purchasing agencies shall, and county purchasing agencies are urged to, purchase only office paper and printed material with recycled content, except when statutory, regulatory, or contractual requirements preclude the purchase of office paper or printed material with recycled contents of the same type and quantity as the office paper or printed material without recycled content.

§103D-1006 Software development businesses.

• (a) In any expenditure of public funds for software development, the use of Hawaii software development businesses shall be preferred. Where a package bid or response to a request for proposal contains both Hawaii and non-Hawaii software development businesses, then for the purpose of selecting the lowest bid or purchase price only, the bid or offer by a non-Hawaii software development business shall be increased by a preference percentage pursuant to rules adopted by the policy board.
• (b) This section shall not apply when precluded by federal requirements for competitive bidding.

§103D-1008 Taxpayer preference.
For evaluation purposes, the bidder's tax-exempt price shall be increased by the applicable retail rate of general excise tax and the applicable use tax. For competitive sealed bids, the lowest responsive, responsible bidder, taking into consideration the above increase, shall be awarded the contract, but the contract amount of any contract awarded shall be the amount of the price offered and shall not include the amount of the increase.

§103D-1009 Preference for qualified community rehabilitation programs.
When a governmental body contracts for services, a five per cent preference shall be given to services to be provided by nonprofit corporations or public agencies operating qualified community rehabilitation programs in conformance with criteria established by the department of labor and industrial relations pursuant to chapter 91; provided that contracts awarded under this section shall be exempt from the wages provision of section 103-55. The policy board shall adopt rules under chapter 91 to establish the preference for nonprofit corporations or public agencies operating qualified community rehabilitation programs consistent with this section.

§103D-1012 Biofuel preference.

• (a) Notwithstanding any other law to the contrary, contracts for the purchase of diesel fuel or boiler fuel shall be awarded to the lowest responsible and responsive bidders, with preference given to bids for biofuels or blends of biofuel and petroleum fuel.
• (b) When purchasing fuel for use in diesel engines, the preference shall be five cents per gallon of one hundred per cent biodiesel. For blends containing both biodiesel and petroleum-based diesel, the preference shall be applied only to the biodiesel portion of the blend.
• (c) When purchasing fuel for use in boilers, the preference shall be five cents per gallon of one hundred per cent biofuel. For blends containing both biofuel and petroleum-based boiler fuel, the preference shall be applied only to the biofuel portion of the blend.
• (d) As used in this section, "biodiesel" means a vegetable oil-based fuel that meets ASTM International standard D6751, "Standard Specification for Biodiesel (B100) Fuel Blend Stock for Distillate Fuels", as amended.
• (e) As used in this section, "biofuel" means fuel from non-petroleum plant or animal based sources that can be used for the generation of heat or power.

Idaho

Idaho Code - http://www.legislature.idaho.gov/idstat/TOC/IDStatutesTOC.htm

Title 67. State Government and State Affairs
Chapter 23. Miscellaneous Provisions

67-2348. Preference for Idaho Domiciled Contractors on Public Works.
To the extent permitted by federal laws and regulations, whenever the state of Idaho, or any department, division, bureau or agency thereof, or any city, county, school district, irrigation district, drainage district, sewer district, highway district, good road district, fire district, flood district, or other public body, shall let for bid any contract to a contractor for any public works, the contractor domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Idaho as would be required for such an Idaho domiciled contractor to succeed over the bidding contractor domiciled outside Idaho on a like contract being let in his domiciliary state.

67-2349. Preference for Idaho Suppliers and Recycled Paper Products for Purchases.

• (1) To the extent permitted by federal laws and regulations, whenever the state of Idaho, or any department, division, bureau or agency thereof, or any city, county, school district, irrigation district, drainage district, sewer district, highway district, good road district, fire district, flood district, or other public body, shall let for bid any contract for purchase of any materials, supplies, services or equipment, the bidder domiciled outside the boundaries of Idaho shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible bidder domiciled in Idaho as would be required for such an Idaho domiciled bidder to succeed over the bidder domiciled outside Idaho on a like contract being let in his domiciliary state. For the purposes of this section, any bidder domiciled outside the boundaries of the state of Idaho may be considered as an Idaho domiciled bidder, provided that there exists for a period of one (1) year preceding the date of the bid a significant Idaho economic presence as defined herein. A significant economic presence shall consist of the following:
  • (a) That the bidder maintain in Idaho fully staffed offices, or fully staffed sales offices or divisions, or fully staffed sales outlets, or manufacturing facilities, or warehouses or other necessary related property; and
  • (b) If a corporation be registered and licensed to do business in the state of Idaho with the office of the secretary of state.
• (2) In the evaluation of paper product bids, those items that meet recycled content standards may be given not more than a five percent (5%) purchasing preference. As such, those qualifying paper products may be considered to cost five percent (5%) less when choosing the lowest responsible bidder.

Chapter 57. Department of Administration

67-5718. Requisitions for Property -- Notice -- Form -- Guarantee -- Procedure for Bidding.

• (3) To enhance small business bidding opportunities, the administrator shall seek a minimum of three (3) bids from vendors having a significant Idaho economic presence as defined in section 67-2349, Idaho Code.
• (4) All sealed bids received shall be opened at the time and place specified, and in the public view, and a record of each bid shall then and there be made. Contracts shall be awarded to and orders placed with the lowest responsible bidder on the basis of initial proposals received or, if applicable, following receipt and evaluation of best and final offers or negotiations. The administrator shall have the right to reject any and all bids pursuant to rules established for the division.
• (5) Where both the bids and quality of property offered are the same, preference shall be given to property of local and domestic production and manufacture or from bidders having a significant Idaho economic presence as defined in the Idaho Code. In connection with the award of any contract for the placement of any order for state printing, binding, engraving or stationery work, the provisions of sections 60-101 and 60-103, Idaho Code, shall apply to the extent that the same may be inconsistent with any requirements contained in this section.

Illinois

Illinois Compiled Statutes - http://www.ilga.gov/legislation/ilcs/ilcs.asp

Chapter 30. Finance
Act 500. Illinois Procurement Code
Article 45. Preferences

Sec. 45-5. Procurement preferences.
To promote business and employment opportunities in Illinois, procurement preferences are established and shall be applicable to any procurement made under this Code.

Sec. 45-10. Resident bidders.

• (a) Amount of preference. When a contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. Further, if only non-resident bidders are bidding, the purchasing agency is within its right to specify that Illinois labor and manufacturing locations be used as a part of the manufacturing process, if applicable. This specification may be negotiated as part of the solicitation process.
• (b) Residency. A resident bidder is a person authorized to transact business in this State and having a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced. A resident bidder includes a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced.
• (c) Federal funds. This Section does not apply to any contract for any project as to which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.

Sec. 45-15. Soybean oil-based ink.
Contracts requiring the procurement of printing services shall specify the use of soybean oil-based ink unless a State purchasing officer determines that another type of ink is required to assure high quality and reasonable pricing of the printed product.

Sec. 45-20. Recycled materials.
When a public contract is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of products made of recycled materials may, on a pilot basis or in accordance with a pilot study, be given preference over other bidders unable to do so, provided that the cost included in the bid of products made of recycled materials is not more than 10% greater than the cost of products not made of recycled materials.

Sec. 45-25. Recyclable paper.
All paper purchased for use by State agencies must be recyclable paper unless recyclable paper cannot be used to meet the requirements of the State agencies. State agencies shall determine their paper requirements to allow the use of recyclable paper whenever possible, including without limitation using plain paper rather than colored paper that is not recyclable.

Sec. 45-30. Correctional industries.
Notwithstanding anything to the contrary in other law, the chief procurement officer shall, in consultation with the Department of Corrections, determine which articles, materials, industry related services, food stuffs, and supplies that are produced or manufactured by persons confined in institutions and facilities of the Department of Corrections shall be given preference by purchasing agencies procuring those items. The chief procurement officer shall develop and distribute to the various purchasing and using agencies procedures for implementing this Section.

Sec. 45-35. Sheltered workshops for the severely handicapped.
(a) Qualification. Supplies and services may be procured without advertising or calling for bids from any qualified not-for-profit agency for the severely handicapped.

Sec. 45-40. Gas mileage.

• (a) Specification. Contracts for the purchase or lease of new passenger automobiles, other than station wagons, vans, four-wheel drive vehicles, emergency vehicles, and police and fire vehicles, shall specify the procurement of a model that, according to the most current mileage study published by the U.S. Environmental Protection Agency, can achieve at least the minimum average fuel economy in miles per gallon imposed upon manufacturers of vehicles under Title V of The Motor Vehicle Information and Cost Savings Act.
• (b) Exemptions. The State purchasing officer may exempt procurements from the requirement of subsection (a) when there is a demonstrated need, submitted in writing, for an automobile that does not meet the minimum average fuel economy standards. The chief procurement officer shall promulgate rules for determining need consistent with the intent of this Section.

Sec. 45-45. Small businesses.

• (a) Set-asides. The chief procurement officer has authority to designate as small business set-asides a fair proportion of construction, supply, and service contracts for award to small businesses in Illinois. Advertisements for bids or offers for those contracts shall specify designation as small business set-asides. In awarding the contracts, only bids or offers from qualified small businesses shall be considered.
• (c) Fair proportion. For the purpose of subsection (a), for State agencies of the executive branch, a fair proportion of construction contracts shall be no less than 25% nor more than 40% of the annual total contracts for construction.

Sec. 45-50. Illinois agricultural products.
In awarding contracts requiring the procurement of agricultural products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois.

Sec. 45-55. Corn-based plastics.
In awarding contracts requiring the procurement of plastic products, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of plastic products made from Illinois corn by-products.

Sec. 45-60. Vehicles powered by agricultural commodity-based fuel.
In awarding contracts requiring the procurement of vehicles, preference may be given to an otherwise qualified bidder or offeror who will fulfill the contract through the use of vehicles powered by ethanol produced from Illinois corn or biodiesel fuels produced from Illinois soybeans.

Sec. 45-65. Additional preferences.
This Code is subject to applicable provisions of:

• (1) the Public Purchases in Other States Act;
• (2) the Illinois Mined Coal Act;
• (3) the Steel Products Procurement Act;
• (4) the Veterans Preference Act;
• (5) the Business Enterprise for Minorities, Females, and Persons with Disabilities Act; and
• (6) the Procurement of Domestic Products Act.

Act 565. Steel Products Procurement Act
(30 ILCS 565/2) (from Ch. 48, par. 1802)
Sec. 2.
It is hereby found and declared by the Illinois General Assembly that

• (1) The production of steel products provides the jobs and family incomes of hundreds of thousands of people in this State and, in turn, the jobs and family incomes of millions of persons in the United States;
• (2) The taxes paid to the State and its political subdivisions by employers and employees engaged in the production and sale of steel products are a large source of public revenues in the State;
• (3) The economy and general welfare of this State and its people, as well as the economy and general welfare of the United States, are inseparably related to the preservation and development of industry in this State, as well as all the other states of this nation.

The General Assembly therefore declares it to be the policy of the State of Illinois that all public officers and agencies should aid and promote the economy of the State and the United States by specifying steel products produced in the United States in all contracts for construction, reconstruction, repair, improvement or maintenance of public works.

(30 ILCS 565/4) (from Ch. 48, par. 1804)
Sec. 4.
Each contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works made by a public agency shall contain a provision that steel products used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.

The provisions of this Section shall not apply:

• (1) Where the contract involves an expenditure of less than $500.
• (2) Where the executive head of the public agency certifies in writing that (a) the specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements, or (b) obtaining the specified products, manufactured or produced in the United States would increase the cost of the contract by more than 10%.
• (3) When its application is not in the public interest.

Indiana

Indiana Code - http://www.in.gov/legislative/ic/code/

Title 4. State Offices and Administration
Article 13.6. State Public Works
Chapter 6. Bid Opening and Award of Contracts
IC 4-13.6-6-2.5
Preference rules

Sec. 2.5.

• (a) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
• (b) The department may adopt rules under IC 4-22-2 to give a preference to an Indiana business that submits a bid under this article if all of the following apply:
  • (1) An out-of-state business submits a bid.
  • (2) The out-of-state business is a business from a state that gives public works preferences unfavorable to Indiana businesses.
• (c) Rules adopted under subsection (b) must establish criteria for determining the following:
  • (1) Whether a bidder qualifies as an Indiana business under the rules.
  • (2) When another state's preference is unfavorable to Indiana businesses.
  • (3) The method by which the preference for Indiana businesses is to be computed.
• (d) Rules adopted under subsection (b) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.

IC 4-13.6-6-2.7
"Indiana business"; criteria; price preferences; awarding of contracts; exceptions; expiration
Sec. 2.7.

• (a) As used in this section, "Indiana business" refers to any of the following:
  • (1) A business whose principal place of business is located in Indiana.
  • (2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.
  • (3) A business that employs Indiana residents as a majority of its employees.
  • (4) A business that makes significant capital investments in Indiana.
  • (5) A business that has a substantial positive economic impact on Indiana.
• (b) The department shall consult with the Indiana economic development corporation in developing criteria for determining whether a business is an Indiana business under subsection (a). The department may consult with the Indiana economic development corporation to determine whether a particular business meets the requirements of this section and the criteria developed under this subsection.
• (c) There are the following price preferences for a contractor that is an Indiana business:
  • (1) Five percent (5%) for a contract expected by the division to be less than five hundred thousand dollars ($500,000).
  • (2) Three percent (3%) for a contract expected by the division to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).
  • (3) One percent (1%) for a contract expected by the division to be at least one million dollars ($1,000,000).
• (d) The division shall compute a preference under this section in the same manner that a preference is computed under IC 5-22-15.
• (e) Notwithstanding subsection (c), the division shall award a contract to the lowest responsive and responsible contractor, regardless of the preference provided in this section, if:
  • (1) the contractor is an Indiana contractor; or
  • (2) the contractor is a contractor from a state bordering Indiana and the contractor's home state does not provide a preference to the home state's contractors more favorable than is provided by Indiana law to Indiana contractors.
• (f) A contractor that wants to claim a preference provided under this section must do all of the following:
  • (1) State in the contractor's bid that the contractor claims the preference provided by this section.
  • (2) Provide the following information to the department:
    • (A) The location of the contractor's principal place of business. If the contractor claims the preference as an Indiana business described in subsection (a)(1), a statement explaining the reasons the contractor considers the location named as the contractor's principal place of business.
    • (B) The amount of the contractor's total payroll and the amount of the contractor's payroll paid to Indiana residents.
    • (C) The number of the contractor's employees and the number of the contractor's employees who are Indiana residents.
    • (D) If the contractor claims the preference as an Indiana business described in subsection (a)(4), a description of the capital investments made in Indiana and a statement of the amount of those capital investments.
    • (E) If the contractor claims the preference as an Indiana business described in subsection (a)(5), a description of the substantial positive economic impact the contractor has on Indiana.
• (g) This section expires July 1, 2009.

Title 5. State and Local Administration
Article 16. Public Works
Chapter 8. Steel Procurement for Public Works
IC 5-16-8-2
Public agency contract provisions; rules for determining reasonable pricing

Sec. 2.

• (a) Each public agency shall require that every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works contain a provision that, if any steel or foundry products are to be used or supplied in the performance of the contract or subcontract, only steel or foundry products made in the United States shall be used or supplied in the performance of the contract or any of the subcontracts unless the head of the public agency determines, in writing, that the cost of steel or foundry products is considered to be unreasonable.
• (b) The head of each public agency shall issue rules which provide that, for purposes of subsection (a), the bid or offered price of any steel or foundry products of domestic origin is not considered unreasonable if the price does not exceed the sum of:
  • (1) the bid or offered price of like steel or foundry products of foreign origin (including any applicable duty); plus
  • (2) a differential of fifteen percent (15%) of the bid or offered price of the steel or foundry products of foreign origin.

However, the fifteen percent (15%) differential provided by subdivision (2) may be increased to twenty-five percent (25%), if the head of the public agency determines that use of steel or foundry products of domestic origin would benefit the local or state economy through improved job security and employment opportunity. Whenever the head of a public agency determines that the differential should be increased above fifteen percent (15%) for a particular project, the head of the agency shall file a report with the governor and the legislative services agency detailing the reasons for such determination and the probable impact on the economy of the use of domestic steel or foundry castings in the project. A report filed under this subsection with the legislative services agency must be in an electronic format under IC 5-14-6.

Article 22. Public Purchasing
Chapter 14. Small Business Set-Aside Purchases

IC 5-22-14-1
"Small business" defined
Sec. 1.
As used in this chapter, "small business" means a business that:

• (1) is independently owned and operated;
• (2) is not dominant in its field of operation; and
• (3) satisfies the criteria in the rules adopted under section 3 of this chapter.

IC 5-22-14-6
Solicitation confined to small businesses
Sec. 6.
If a purchase is designated as a small business set-aside, the solicitation must be confined to small businesses.

Chapter 15. Purchasing Preferences

IC 5-22-15-20
Preferences to Indiana businesses; rules
Sec. 20.

• (a) This section does not apply to the state lottery commission created by IC 4-30-3-1.
• (b) As used in this section, "out-of-state business" refers to a business that is not an Indiana business.
• (c) A governmental body may adopt rules to give a preference to an Indiana business that submits an offer for a purchase under this article if all of the following apply:
  • (1) An out-of-state business submits an offer for the purchase.
  • (2) The out-of-state business is a business from a state that gives purchase preferences unfavorable to Indiana businesses.
• (d) Rules adopted under subsection (c) must establish criteria for determining the following:
  • (1) Whether an offeror qualifies as an Indiana business under the rules.
  • (2) When another state's preference is unfavorable to Indiana businesses.
  • (3) The method by which the preference for Indiana businesses is to be computed.
• (e) Rules adopted under subsection (c) may not give a preference to an Indiana business that is more favorable to the Indiana business than the other state's preference is to the other state's businesses.
• (f) Rules adopted under subsection (c) must provide that a contract shall be awarded to the lowest responsive and responsible offeror, regardless of the preference provided under this section, if:
  • (1) the offeror is an Indiana business; or
  • (2) the offeror is a business from a state bordering Indiana and the offeror's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses.

IC 5-22-15-20.5
"Indiana business"; criteria; price preferences; awarding of contracts; exception; expiration
Sec. 20.5.

• (a) This section applies only to a contract awarded by a state agency.
• (b) As used in this section, "Indiana business" refers to any of the following:
  • (1) A business whose principal place of business is located in Indiana.
  • (2) A business that pays a majority of its payroll (in dollar volume) to residents of Indiana.
  • (3) A business that employs Indiana residents as a majority of its employees.
  • (4) A business that makes significant capital investments in Indiana.
  • (5) A business that has a substantial positive economic impact on Indiana as defined by criteria developed under subsection (c).
• (c) The Indiana department of administration shall consult with the Indiana economic development corporation in developing criteria for determining whether a business is an Indiana business under subsection (b). The Indiana department of administration may consult with the Indiana economic development corporation to determine whether a particular business meets the requirements of this section and the criteria developed under this subsection.
• (d) There are the following price preferences for supplies purchased from an Indiana business:
  • (1) Five percent (5%) for a purchase expected by the state agency to be less than five hundred thousand dollars ($500,000).
  • (2) Three percent (3%) for a purchase expected by the state agency to be at least five hundred thousand dollars ($500,000) but less than one million dollars ($1,000,000).
  • (3) One percent (1%) for a purchase expected by the state agency to be at least one million dollars ($1,000,000).
• (e) Notwithstanding subsection (d), a state agency shall award a contract to the lowest responsive and responsible offeror, regardless of the preference provided in this section, if:
  • (1) the offeror is an Indiana business; or
  • (2) the offeror is a business from a state bordering Indiana and the business's home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana law to Indiana businesses.
• (f) A business that wants to claim a preference provided under this section must do all of the following:
  • (1) State in the business's bid that the business claims the preference provided by this section.
  • (2) Provide the following information to the department:
    • (A) The location of the business's principal place of business. If the business claims the preference as an Indiana business described in subsection (b)(1), a statement explaining the reasons the business considers the location named as the business's principal place of business.
    • (B) The amount of the business's total payroll and the amount of the business's payroll paid to Indiana residents.
    • (C) The number of the business's employees and the number of the business's employees who are Indiana residents.
    • (D) If the business claims the preference as an Indiana business described in subsection (b)(4), a description of the capital investments made in Indiana and a statement of the amount of those capital investments.
    • (E) If the business claims the preference as an Indiana business described in subsection (b)(5), a description of the substantial positive economic impact the business has on Indiana.
• (g) This section expires July 1, 2009.

IC 5-22-15-23
Price preference for supplies to Indiana small business
Sec. 23.

• (a) A governmental body shall give a fifteen percent (15%) preference for supplies to an Indiana small business (as defined in IC 5-22-14-1) that submits an offer for purchase under this article.
• (b) The governmental body may adopt rules to establish criteria to carry out this section.

Iowa

Iowa Code - http://www.legis.state.ia.us/IowaLaw.html

Title II, Subtitle 3.
73A.21 Reciprocal Resident Bidder Preference by State, its Agencies, and Political Subdivisions.

Notwithstanding this chapter, chapter 73, chapter 309, chapter 310, chapter 331, or chapter 384, when a contract for a public improvement is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country which gives or requires a preference to bidders from that state or foreign country.

The preference is equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. "Resident bidder" means a person authorized to transact business in this state and having a place of business for transacting business within the state at which it is conducting and has conducted business for at least six months prior to the first advertisement for the public improvement and in the case of a corporation, having at least fifty percent of its common stock owned by residents of this state. If another state or foreign country has a more stringent definition of a resident bidder, the more stringent definition is applicable as to bidders from that state or foreign country.

For purposes of this section, "public improvement" means public improvements as defined in section 73A.1 and includes road construction, reconstruction, and maintenance projects. This section applies to the state, its agencies, and any political subdivisions of the state.

If it is determined that this may cause denial of federal funds which would otherwise be available, or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the funds or to eliminate the inconsistency with federal requirements.

Kansas

Kansas Statutes - http://kslegislature.org/li/b2011_12/statute/

Chapter 75. State Departments, Public Officers and Employees
Article 37. Department of Administration

75-3740. Competitive bids; price preferences; building contracts; bid records.

• (a) Except as provided by K.S.A. 75-3740b, all contracts and purchases made by or under the supervision of the director of purchases or any state agency for which competitive bids are required shall be awarded to the lowest responsible bidder, taking into consideration conformity with the specifications, terms of delivery, and other conditions imposed in the call for bids.
• (b) The director of purchases shall have power to decide as to the lowest responsible bidder for all purchases, but if:
  • (1) The dollar amount of the bid received from the lowest responsible bidder from within the state is identical to the dollar amount of the bid received from the lowest responsible bidder from without the state, the contract shall be awarded to the bidder from within the state; and
  • (2) in the case of bids for paper products specified in K.S.A. 75-3740b, the dollar amounts of the bids received from two or more lowest responsible bidders are identical, the contract shall be awarded to the bidder whose bid is for those paper products containing the highest percentage of recycled materials.

75-3740a. State and local government contracts; bidders domiciled in other states.
To the extent permitted by federal law and regulations whenever the state of Kansas or any agency, department, bureau or division thereof or any municipality of the state including, but not limited to, county, school district, improvement district or other public body lets bids for contracts for the erection, construction, alteration or repair of any public building or structure or any addition thereto or for any public work or improvement or for any purchases of any goods, merchandise, materials, supplies or equipment of any kind, the contractor domiciled outside the state of Kansas, to be successful, shall submit a bid the same percent less than the lowest bid submitted by a responsible Kansas contractor as would be required of such Kansas domiciled contractor to succeed over the bidding contractor domiciled outside Kansas on a like contract let in such contractor's domiciliary state.

75-3740b. Purchase of recycled paper; requirements; price preference.

• (b) Subject to the provisions of subsection (c), the state shall spend on newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight, if sufficient amounts of such paper are available:
  • (4) for fiscal years beginning on and after July 1, 1995, an amount equal to not less than 25% of the total dollar amount of newsprint and high grade bleached printing and writing paper purchased by the state during the immediately preceding fiscal year.
• (c) In determining the lowest responsible bidder for any purchase of newsprint or high grade bleached printing or writing paper, the director of purchases of the department of administration, or any other state officer or employee authorized to make purchases directly for a state agency, shall give the following price preferences to any bidder whose bid is for newsprint or high grade bleached printing or writing paper containing not less than 50% waste paper by weight unless the requirements of subsection (b) have been met:
  • (4) for fiscal years beginning on and after July 1, 1995, 5%.

Kentucky

Kentucky Revised Statutes - http://www.lrc.ky.gov/krs/titles.htm

Title VI. Financial Administration
Chapter 45A. Kentucky Model Procurement Code

45A.470 Preference to be given by governmental bodies and political subdivisions in purchasing commodities or services -- List of commodities and services -- Price range -- Negotiation for identical products and services.
(1) All governmental bodies and political subdivisions of this state shall, when purchasing commodities or services, give first preference to the products made by the Department of Corrections, Division of Prison Industries, as required by KRS197.210. Second preference shall be given to the Kentucky industries for the blind as described in KRS 163.450 to 163.470 through June 30, 2000, and thereafter to any products produced by Kentucky Industries for the Blind, Incorporated or any other nonprofit corporation with which the Office for the Blind contracts under KRS 163.480(2) to further the purposes of KRS Chapter 163 and agencies of individuals with severe disabilities as described in KRS 45A.465.

45A.520 Requirement of purchase of materials with minimum recycled content.
Every state agency shall when purchasing goods, supplies, equipment, materials, and printing require a minimum recycled material content for those goods, supplies, equipment, materials, and printing. The recycled material content shall be established by administrative regulations to be promulgated by the Finance and Administration Cabinet by September 1, 1991. For those products which the United States Environmental Protection Agency has established minimum recycled content procurement guidelines promulgated pursuant to the Resource Conservation and Recovery Act of 1976, as amended, the Finance and Administration Cabinet shall adopt, at a minimum, the recycled material content standards equal to those established by the United States Environmental Protection Agency.

45A.620 Preference to high-calcium foods and beverages in purchasing for school meals.

• (1) This section shall apply to any contract entered into by an agency or a business that contracts with a local school board, local school district, or other agency to provide food or meal services.
• (2) In addition to any requirements established by the United States Department of Agriculture under the National School Lunch Program, the School Breakfast Program, or other federally supported food service programs, an agency or business that provides food or meal services under contract with a local school board, local school district, or other agency shall give preference in purchasing contracts to high calcium foods or beverages.
• (3) For the purposes of this section, the term "high-calcium foods or beverages" means foods or beverages that contain a higher level of calcium and that are equal to or lower in price than other products of the same type and quality.
• (4) Notwithstanding subsection (2) of this section, if the director of a program operated by an agency or business offering food or meal services on behalf of a local school board, local school district, or other agency determines that a high-calcium food or beverage would interfere with the proper treatment and care of an individual receiving services from the program, then the purchasing agent for that institution or business shall not be required to purchase a high-calcium food or beverage for that individual.
• (5) A purchasing agent who has entered into a contract with a supplier to purchase food or beverages before July 1, 2002, is not required to purchase high-calcium foods or beverages if purchasing those products would change the terms of the contract.

45A.640 Guidelines for use of procurement to support agricultural economy -- Changes to administrative regulations and policies.
By January 1, 2003, the secretary of the Finance and Administration Cabinet shall issue guidelines to the various agencies identified by the Commissioner of Agriculture in KRS 260.035 directing the manner in which those agencies shall employ the state's procurement process to support and encourage the growth of Kentucky's agricultural economy. Notwithstanding the provisions of KRS Chapter 45A, the secretary of the Finance and Administration Cabinet shall make necessary changes to administrative regulations and cabinet policy in accordance with this section and KRS 45A.035, 45A.095, 45A.645, and 260.035.

45A.645 Agencies to purchase Kentucky-grown products meeting quality standards and pricing requirements if available -- Marketing assistance -- Annual report -- Vendors' duties.

• (1) If purchasing agricultural products, state agencies, as defined by KRS 45A.505, shall purchase Kentucky-grown agricultural products if the products are available and if the vendor can meet the applicable quality standards and pricing requirements of the state agency.
• (2)
  • (a) Prospective vendors of Kentucky-grown agricultural products may apply to the Kentucky Department of Agriculture for marketing assistance for the purchase of Kentucky-grown logos or labeling statements to be used on Kentucky-grown agricultural products under KRS 260.015, the Kentucky logo or labeling program.
  • (b) Before a state agency may purchase Kentucky-grown agricultural products, the vendor shall be required to participate in the logo or labeling program established by KRS 260.015, and shall provide to the purchasing officer written certification that the agricultural products under consideration for purchase meet the definition of Kentucky-grown agricultural product.
  • (c) All state agencies that purchase Kentucky-grown agricultural products shall, on or before January 1 of each year, provide a report to the Legislative Research Commission and to the Department of Agriculture describing the amount of each product purchased.
• (3) If a contract is awarded to a vendor that supplies agricultural products that are raised or produced outside the United States or its territories, the vendor shall be required to identify the country in which the agricultural product was raised or produced if the vendor is the producer or packager of the product or if the vendor is not the producer or packager, provided the information is available to the vendor from the producer or packager of the product. The producer or packager shall clearly label that information on any containers or packages holding the product.

45A.675 Small or small minority business set aside.

• (1) The cabinet shall designate as small or small minority business set aside state contracts of goods, equipment, construction, or services requested to be purchased by or for any agency whenever there is a reasonable expectation that bids can be obtained from at least three (3) small or small minority businesses capable of furnishing the desired property or services at a fair and reasonable price. Such designation should be made prior to the public notice for bids, and the notice shall designate this invitation as a small or small minority business set aside.
• (2) When an item has been designated as a small or small minority business set aside, invitations for bids shall be confined to small or small minority businesses and bids from other bidders may be rejected.
• (3) The cabinet shall award contracts to the responsible bidder whose bid meets specifications and offers the best value to the Commonwealth.

45A.873 Preference for Kentucky firms.

• (1)
  • (a) In the competition for Commonwealth bond counsel business awarded pursuant to KRS 45A.840 to 45A.879, a firm with its principal place of business located in Kentucky shall receive a preference over a firm with its principal place of business located outside Kentucky. The preference, if any, shall be equal to the preference that the out-of-state firm receives in its state of origin when that firm as an in-state firm competes against out-of-state firms for state bond counsel business.
  • (b) The office shall calculate the preference. If the out-of-state firm should be completely barred from consideration, then the office shall not prequalify the firm. If the preference is less than absolute, then the office shall forward the out-of-state firm's name, along with its preference handicap, to a selection committee.
• (2) If a selection committee vote results in a tie between a bond counsel with its principal place of business located in Kentucky and bond counsel with its principal place of business located outside Kentucky, then the in-state firm shall be ranked one place ahead of the out-of-state firm.
• (3) A firm shall be considered to have its principal place of business located in Kentucky under this section if the firm has a place of business in Kentucky and declares that it has a business nexus in Kentucky for Kentucky income tax purposes.

Kentucky Administrative Regulations - http://www.lrc.ky.gov/kar/frntpage.htm

Title 200. Finance and Administration Cabinet
Chapter 5. Purchasing

200 KAR 5:325 Consideration to be given to use of Kentucky-made wood products.
Section 1. Commonwealth agencies requesting the purchase of wood products shall review specifications for those procurements to:

• (1) Assure that specifications do not preclude the use of Kentucky-made wood products without full written justification included in the purchase request for the wood products.
• (2) Consider the use of generic specifications that describe functional and performance requirements to which responsible Kentucky wood products manufacturers could be responsive.
• (3) Assure that "brand name or approved equal" specifications are used only after it has been determined that functional and performance-based specifications cannot reasonably be prepared.

Section 2. The Finance and Administration Cabinet may review the specifications for wood product procurement requests and may permit the Kentucky Wood Products Competitiveness Corporation, and other governmental entities whose interests include providing business opportunities to Kentucky wood products manufacturers, to review the specifications.

Section 3. Every purchasing agency of the Commonwealth shall review the listing of Kentucky manufacturers and commodities in the Kentucky Wood Products Mall website, which is maintained by the Kentucky Wood Products Competitiveness Corporation, if soliciting bids for wood products. All solicitations for wood products shall be posted on the Commonwealth's electronic procurement website. A state agency shall consider Kentucky-made wood products on master agreements if purchasing from the electronic catalog in the state's procurement system.

Louisiana

Louisiana Revised Statutes - http://www.legis.state.la.us/lss/lss.asp?folder=75

Title 27. Louisiana Gaming Control
§246. Utilization of Louisiana goods and services; employment criteria

• A. In purchasing or contracting for goods and services, the casino gaming operator and the corporation shall give preference and priority to Louisiana residents, laborers, vendors, and suppliers except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operational efficiency. In considering applicants for employment, the casino gaming operator and the corporation shall give preference and priority to Louisiana residents, and no less than eighty percent of the persons employed by either the casino gaming operator or the corporation must have been residents of the state for at least one year immediately prior to employment. If any contract or other agreement to which either the casino gaming operator or the corporation is a party, contains a provision or clause establishing a different percentage or requiring more than fifty percent of the persons employed to be residents of any one parish, any such provision or clause shall be null and void and unenforceable as against public policy.
• B. Additionally, in selecting the casino operator, the corporation shall give preferences to a casino operator who demonstrates the willingness and ability to purchase and contract for goods and services from or with Louisiana residents, laborers, vendors, and suppliers.

Title 38. Public Contracts, Works and Improvements
§2184. Preference given to supplies, material, or equipment produced or offered by Louisiana citizens
All public entities shall, in making purchase of supplies, material, or equipment, give preference to supplies, material, or equipment produced or offered by Louisiana citizens, the cost to the public entity and the quality being equal.

§2225. Preference in letting contracts for public work

• B. If a nonresident contractor bidding on public work in the state of Louisiana is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.
• C. Any local law, either by legislative act or otherwise, ordinance, or executive order enacted prior to the effective date of this Act, or enacted hereinafter in conflict with this Section, or granting any local contractor or subcontractor preference over other Louisiana resident contractors shall be contrary to the provision of this Section.
• D. The provisions and requirements of this Section shall not be waived by any public entity.

§2251. Preference for products produced or manufactured in Louisiana; exceptions

• A. As used in this Section, the following terms shall have the following meanings ascribed to them:
  • (1) "Assembled" means the process of putting together all component parts of an item of equipment by the manufacturer when the assembly plant is located within the territorial borders of the state of Louisiana. "Assembled" also means the assembly of computers and related equipment when such assembly takes place in Louisiana. "Assembled" shall not mean the process of reassembling parts packed for shipping purposes.
  • (2) "Louisiana products" means products which are manufactured, processed, produced, or assembled in Louisiana.
  • (3) "Manufactured" means the process of making a product suitable for use from raw materials by hand or by machinery. "Manufactured" shall not mean the process of assembling component parts.
  • (4) "Meat" and "meat product" means beef, veal, pork, mutton, poultry, and other meats, and products made from those meats.
  • (5) "Other products" includes "other meat", "other meat products", "other seafood", and "other seafood products" and means products which are produced, manufactured, grown, processed, and harvested outside the state.
  • (6) "Processed" means the alteration of any raw product altered from its original state to enhance its value or render it suitable for further refinement or marketing.
  • (7) "Produced" means the process of manufacturing, planting, cultivating, growing, or harvesting.
  • (8) "Seafood" means crawfish, catfish, other fish, shrimp, oysters, crabs, underutilized species, and other seafood and freshwater food.
• B. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases agricultural or forestry products, including meat, seafood, produce, eggs, paper and paper products under the provisions of this Chapter shall procure or purchase Louisiana products provided all of the following conditions are met:
  • (1) The bidder certifies in the bid submitted that the product meets the criteria of a Louisiana product.
  • (2) The product is equal or better than equal in quality to other products.
  • (3) The cost of the Louisiana product shall not exceed the cost of other products by more than ten percent except as otherwise provided in this Chapter as a specific exception.
• C. In addition to the requirements listed in Subsection B of this Section, the following products shall meet the following specific requirements:
  • (1) Produce shall be produced in Louisiana and produce products shall be produced and processed in Louisiana.
  • (2) Eggs shall be laid in Louisiana and egg products shall be processed from eggs laid in Louisiana.
  • (3) Meat and meat products shall be processed in Louisiana from animals which are alive at the time they enter the processing plant.
  • (4)
    • (a) Seafood shall be:
      • (i) Harvested in Louisiana seas or other Louisiana waters; or
      • (ii) Harvested by a person who holds a valid appropriate commercial fishing license issued under R.S. 56:1 et seq.
    • (b) Products produced from such seafood shall be processed in Louisiana.
  • (5) Domesticated catfish shall be processed in Louisiana from animals which were grown in Louisiana.
  • (6) Paper and paper products shall be manufactured or converted in Louisiana. For the purposes of this Paragraph, "manufactured" shall mean the process of making a product suitable for use from raw materials by hand or by machinery, and "converted" shall mean the process of converting roll stock into a sheeted and fully packaged product in a full-time converting operation. For paper supplied in wrapped reams, each carton and each individual ream shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper is manufactured or converted. For paper and paper products supplied in bulk or in other forms, the smallest unit of packaging shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper or paper product is manufactured or converted.
  • (7) All other agricultural or forestry products shall be produced, manufactured, or processed in Louisiana.
• D. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry and which are equal in quality to other meat and meat products, provided the cost of the further processed meat and meat products does not exceed the cost of other meat or meat products by more than seven percent.
• E. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase domesticated or wild catfish which are processed in Louisiana but grown outside of Louisiana and which are equal in quality to domesticated or wild catfish which are processed outside of Louisiana provided the cost of the domesticated or wild catfish which are processed in Louisiana does not exceed the cost of the domesticated or wild catfish which are processed outside of Louisiana by more than seven percent.
• F. The provisions of this Section shall not apply to a drainage district or sewerage and water board located in a municipality with a population in excess of 500,000 wherein the cost of products produced or manufactured in the state of Louisiana does not exceed by more than five percent the cost of products which are equal in quality to products produced or manufactured outside of the state in purchases of one million dollars or more, as provided by Acts 880 and 693 of the 1985 Regular Session of the Louisiana Legislature.
• G. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase produce processed in Louisiana but grown outside of Louisiana and which is equal in quality to produce processed and grown outside of Louisiana provided the cost of the produce processed in Louisiana does not exceed the cost of the produce processed outside of Louisiana by more than seven percent.
• H. Except as otherwise provided in this Section, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, or equipment under the provisions of this Chapter may purchase materials, supplies, or equipment which are Louisiana products, as defined in Paragraph (A)(2) of this Section, and which are equal in quality to other materials, supplies, or equipment, provided that all of the following conditions are met:
  Note : Paragraph (1) as amended by Acts 2000, 1st Ex. Sess., effective until held invalid.
  (1) The cost of the Louisiana products does not exceed the cost of other materials, supplies, or equipment which are manufactured, processed, produced, or assembled outside the state by more than ten percent.
  Note : Paragraph (1) effective if Acts 2000, 1st Ex. Sess., No. 123, is held invalid.
  (1) The cost of the Louisiana products does not exceed the cost of other materials, supplies, or equipment which are manufactured, processed, produced, or assembled outside the state by more than seven percent.
  (2) The vendor of Louisiana products agrees to sell the products at the same price as the lowest bid offered on such products.
  Note : Paragraph (3) as amended by Acts 2000, 1st Ex. Sess., effective until held invalid.
  (3) In cases where more than one bidder offers Louisiana products which are within ten percent of the lowest bid, the bidder offering the lowest bid on Louisiana products is entitled to accept the price of the lowest bid made on such products.
  Note : Paragraph (3) effective if Acts 2000, 1st Ex. Sess., No. 123, is held invalid.
  (3) In cases where more than one bidder offers Louisiana products which are within seven percent of the lowest bid, the bidder offering the lowest bid on Louisiana products is entitled to accept the price of the lowest bid made on such products.
• I. The provisions of this Section shall not apply to the procurement or purchase of fire fighting or rescue equipment.
• J. Notwithstanding any other provision of this Section to the contrary, such preferences shall only apply to bidders whose Louisiana business workforce is comprised of a minimum of fifty percent Louisiana residents.
• K. Notwithstanding any other provision of this Section to the contrary, such preference shall not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed, or refined in Louisiana for sale as an expanded clay aggregate form different than its original state. No provision of this Subsection shall affect the preferences applicable to brick manufacturers.
• L. The provisions of this Section shall not apply to treated wood poles and piling.

§2253. Preference to firms doing business in state
In making any purchase it shall be the duty of the officer, purchasing agent, board, district or commission, all things being equal, to give preference to firms doing business in the State of Louisiana. However, this preference shall be inferior to and superseded in instances of conflict with that preference granted by R.S. 38:2251.

§2255. Printing contracts; bids
To better facilitate the collection of sales taxes and other taxes in the purchase of printing, lithographing, embossing, engraving, binding, record books, printed supplies, stationery and office supplies and equipment, every board, district, commission, department, institution, or the purchasing agent thereof, and all officers and officials of the state and all parishes, municipalities and political subdivisions thereof, shall purchase the same from Louisiana firms and all printing, lithographing, embossing, engraving, and binding in connection therewith shall be done in the State of Louisiana by Louisiana firms and by Louisiana labor, and all bonds, if required, given by contractors for such printing, lithographing, embossing, binding, record books, printed supplies, stationery and office supplies and equipment shall so state; provided, however, that where the purchase is of certain specialized forms and printing, such as continuous forms, margin punched forms, football tickets, 24 sheet poster, music printing, steel dye and lithographed bonds, decalcomanias, revenue stamps, lithographing and bronzing on acetate, college annuals, fine edition binding, and books, this statute shall not apply. Except as to specialized forms hereinabove provided, such contracts shall be let to the lowest responsible bidder who is a Louisiana firm, who will comply with the terms of this statute, unless the bid submitted by any firm outside the State of Louisiana is at least three per cent lower than the lowest bid submitted by a Louisiana firm. If, for any reason, the purchaser shall be of the opinion that the public interest will be promoted thereby, it may, at any proposed letting of any of said contracts, reject any and all bids and invite new proposals.

§2256. Supplies not ordinarily obtainable from Louisiana firms
In the purchase of said supplies not ordinarily obtainable from Louisiana firms, it shall be permissible to purchase from non-resident firms which are authorized to do business in the state of Louisiana, which maintain an office in the state where payment for supplies may be made, and are otherwise qualified to do business in the state; provided, however, that in the awarding of such contracts Louisiana firms shall first be given an opportunity to furnish said supplies and shall be given preference.

Title 39. Public Finance
§1595. Preference for all types of products produced, manufactured, assembled, grown, or harvested in Louisiana; exceptions

• A. As used in this Section, the following terms shall have the following meanings ascribed to them:
  • (1) "Meat" and "meat product" means beef, veal, pork, mutton, poultry, and other meats, and products made from those meats.
  • (2) "Other products" includes "other meat", "other meat products", "other seafood", and "other seafood products" and means products which are produced, manufactured, grown, processed, and harvested outside the state.
  • (3) "Seafood" means crawfish, catfish, other fish, shrimp, oysters, crabs, underutilized species, and other seafood and freshwater food.
  • (4) "Processed" means the alteration of any raw product altered from its original state to enhance its value or render it suitable for further refinement or marketing.
• B. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products under the provisions of this Chapter shall procure or purchase Louisiana products provided all of the following conditions are met:
  • (1) The bidder certifies in the bid submitted that the product meets the criteria of a Louisiana product.
  • (2) The product is equal to or better than equal in quality to other products.
  • (3) The cost of the Louisiana product shall not exceed the cost of other products by more than ten percent, except as otherwise provided in this Chapter as a specific exception.
• C. In order to qualify as Louisiana products for the purpose of this Section, the following products shall meet the following requirements:
  • (1) Produce shall be produced in Louisiana and produce products shall be produced and processed in Louisiana.
  • (2) Eggs shall be laid in Louisiana and egg products shall be processed from eggs laid in Louisiana.
  • (3) Meat and meat products shall be processed in Louisiana from animals which are alive at the time they enter the processing plant.
  • (4)
    • (a) Seafood shall be:
      • (i) Harvested in Louisiana seas or other Louisiana waters; or
      • (ii) Harvested by a person who holds a valid appropriate commercial fishing license issued under R.S. 56:1 et seq.
    • (b) Products produced from such seafood shall be processed in Louisiana.
  • (5) Domesticated catfish shall be processed in Louisiana from animals which were grown in Louisiana.
  • (6) Paper and paper products shall be manufactured or converted in Louisiana. For the purposes of this Paragraph, "manufactured" shall mean the process of making a product suitable for use from raw materials by hand or by machinery, and "converted" shall mean the process of converting roll stock into a sheeted and fully packaged product in a full-time converting operation. For paper supplied in wrapped reams, each carton and each individual ream shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper is manufactured or converted. For paper and paper products supplied in bulk or in other forms, the smallest unit of packaging shall be clearly labeled with the name of the manufacturer or converter and the location within Louisiana where such paper or paper product is manufactured or converted.
  • (7) All other agricultural or forestry products shall be produced, manufactured, or processed in Louisiana.
• D. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Chapter shall procure or purchase meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry and which are equal in quality to other meat and meat products, provided the cost of the further processed meat and meat products does not exceed the cost of other meat or meat products by more than seven percent.
• E. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase domesticated or wild catfish which are processed in Louisiana but grown outside of Louisiana and which are equal in quality to domesticated or wild catfish which are processed outside of Louisiana provided the cost of the domesticated or wild catfish which are processed in Louisiana does not exceed the cost of the domesticated or wild catfish which are processed outside of Louisiana by more than seven percent.
• F. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Part shall procure or purchase produce processed in Louisiana but grown outside of Louisiana and which is equal in quality to produce processed and grown outside of Louisiana, provided the cost of the produce processed in Louisiana does not exceed the cost of the produce processed outside of Louisiana by more than seven percent.
• G. Notwithstanding any other provision of this Section to the contrary, each procurement officer, purchasing agent, or similar official who procures or purchases products under the provisions of this Chapter shall procure or purchase eggs or crawfish which are further processed in Louisiana under the grading service of the Louisiana Department of Agriculture and Forestry and which are equal in quality to other eggs or crawfish, provided the cost of the further processed eggs or crawfish does not exceed the cost of other eggs or crawfish by more than seven percent.
• H. Except as otherwise provided in this Section, each procurement officer, purchasing agent, or similar official who procures or purchases materials, supplies, products, provisions, or equipment under the provisions of this Chapter may purchase such materials, supplies, products, provisions, or equipment which are produced, manufactured, or assembled in Louisiana, as defined in R.S. 38:2251(A), and which are equal in quality to other materials, supplies, products, provisions, or equipment, provided that all of the following conditions are met:
  • (1) The cost of such items does not exceed the cost of other items which are manufactured, processed, produced, or assembled outside the state by more than ten percent.
  • (2) The vendor of such Louisiana items agrees to sell the items at the same price as the lowest bid offered on such items.
  • (3) In cases where more than one bidder offers Louisiana items which are within ten percent of the lowest bid, the bidder offering the lowest bid on Louisiana items is entitled to accept the price of the lowest bid made on such items.
• I. Notwithstanding any other provision of this Section to the contrary, such preferences shall only apply to bidders whose Louisiana business workforce is comprised of a minimum of fifty percent Louisiana residents.
• J. Notwithstanding any other provision of this Section to the contrary, such preference shall not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana, and which is manufactured, processed or refined in Louisiana for sale as an expanded clay aggregate form different than its original state. No provision of this Subsection shall affect the preferences applicable to brick manufacturers.
• K. The provisions of this Section shall not apply to treated wood poles and piling.

§1595.1. Preference in awarding contracts

• A. In the awarding of contracts by any public entity, except contracts for the construction, maintenance, or repair of highways and streets, and contracts financed in whole or in part by contributions or loans from any agency of the United States government, where both in-state and out-of-state vendors are bidding, in-state vendors shall be given a preference in the same manner that any of the out-of-state vendors would be given on a comparative bid in their own state. If one party to a joint venture is qualified under this Section as a vendor domiciled in Louisiana, this qualification shall extend to all parties to the joint venture. For the purpose of this Section, a foreign corporation which was qualified to do business in the state of Louisiana in the manner required by law more than six months prior to the advertising of bids on a contract shall be considered to be a vendor domiciled in the state of Louisiana for the purpose of awarding the contract.
• B. For purposes of determination of the lowest responsible bidder, when letting contracts where bids are received from in-state vendors and out-of-state vendors, local sales and use taxes shall be excluded from the bid.
• C. The provisions and requirements of this Section shall not be waived by any public entity.

§1595.2. Preference in letting contracts for public work

• A.
  • (1) In the letting of contracts for public work by any public entity, except contracts financed in whole or in part by contributions or loans from any agency of the United States government:
    • (a) Preference shall be given to contractors domiciled in the state of Louisiana over contractors domiciled in a state that provides for a preference in favor of contractors domiciled in that state over contractors domiciled in the state of Louisiana for the same type of work; and
    • (b) Contractors domiciled in the state of Louisiana are to be granted the same preference over contractors domiciled in such state favoring contractors domiciled therein with a preference over contractors domiciled in the state of Louisiana in the same manner and on the same basis and to the same extent that such preference may be granted in letting contracts for the same type of work by such other state to contractors domiciled therein over contractors domiciled in the state of Louisiana.
  • (2) If one party to a joint venture is qualified under this Section as a contractor domiciled in Louisiana, this qualification shall extend to all parties to the joint venture.
  • (3) For the purpose of this Section, a foreign corporation that has qualified to do business in the state of Louisiana in the manner required by law more than six months prior to the advertising for bids on a contract for public work shall be considered to be a contractor domiciled in the state of Louisiana for the purpose of letting the contract for such public work.
• B. The provisions and requirements of this Section shall not be waived by any public entity.

§1595.3. Preference in awarding contracts for certain services
In the awarding of contracts by any public entity, for services to organize or administer rodeos and livestock shows, where state-owned facilities will be used to house or contain such activities, and where both in-state and out-of-state vendors are bidding, in-state vendors shall be given preference, provided such services are equal in quality and do not exceed in cost by more than ten percent those services available from outside the state.
Note : §1595.3 as reenacted by Acts 2000, 1st Ex. Sess., No. 123, §4, eff. if the provisions of Section 2 of Act 123 are held invalid by a court:
In the awarding of contracts by any public entity, for services to organize or administer rodeos and livestock shows, where state-owned facilities will be used to house or contain such activities, and where both in-state and out-of-state vendors are bidding, in-state vendors shall be given preference, provided such services are equal in quality and do not exceed in cost by more than five percent those services available from outside the state.

§1595.4. Preference for goods manufactured, or services performed, by sheltered workshops; definitions; coordinating council

• A. Every governmental body shall give a preference in its purchasing practices to goods manufactured and services performed by severely handicapped individuals in state-operated and state-supported sheltered workshops.
• B. The provisions of this Section shall not be construed to limit or otherwise affect the provisions of R.S. 46:334 and 335 regarding the sheltered industries program for the blind.
• C. There is hereby created within the Department of Social Services a council whose function shall be to coordinate and facilitate the carrying out of provisions of this Section. The membership of this council shall be determined by the secretary of the Department of Social Services. It shall have authority to designate and contract with a central nonprofit agency to assist sheltered workshops in submitting applications for the selection of suitable goods and services, to facilitate the allocation of orders among qualified sheltered workshops, and otherwise to assist the council in performing its functions.
• D. The Department of Social Services may adopt, promulgate, and enforce such rules and regulations as are necessary and appropriate to implement the provisions of this Section. The regulations shall be promulgated in accordance with the Administrative Procedure Act, R.S. 49:950, et seq.

§1595.5. Preference for items purchased from Louisiana retailers
Note : Subsection A as amended by Acts 2000, 1st Ex. Sess., No. 123, §2, eff. July 1, 2000:

• A. When purchasing items at retail, every procurement officer under the provisions of this Chapter or other person acting as purchasing agent shall purchase items from a retail dealer located in the state of Louisiana which items are equal in quality to items purchased from a retail dealer located outside the state, provided the cost of items purchased from a retail dealer located in this state does not exceed by more than ten percent the cost of items purchased from a retail dealer located outside the state.

Note : Subsection A as reenacted by Acts 2000, 1st Ex. Sess., No. 123, §4, eff. if the provisions of §2 of Act 123 are held invalid by a court:

• A. When purchasing items at retail, every procurement officer under the provisions of this Chapter or other person acting as purchasing agent shall purchase items from a retail dealer located in the state of Louisiana which items are equal in quality to items purchased from a retail dealer located outside the state, provided the cost of items purchased from a retail dealer located in this state does not exceed by more than five percent the cost of items purchased from a retail dealer located outside the state.
• B. A retail dealer shall qualify for the preference if the dealer can show that he has paid Louisiana corporate income, corporate franchise, and inventory taxes or any combination thereof during the previous twelve-month period.
• C. Retailers domiciled in the state of Louisiana are to be granted the same preference over retailers domiciled in the state favoring retailers domiciled therein with a preference over retailers domiciled in the state of Louisiana in the same manner and on the same basis and to the same extent that such preference may be granted in purchasing items of the same type by such other state to retailers domiciled therein over retailers domiciled in the state of Louisiana.

§1595.6. Preference for steel rolled in Louisiana

• A. When purchasing steel, every person acting as purchasing agent for any agency, board, commission, department, or other instrumentality of the state or of a parish, municipality, or other unit of local government, including a levee board, drainage district, school board, or special district, shall purchase steel rolled in this state which is equal in quality to steel rolled outside the state, provided the cost of steel rolled in this state does not exceed by more than ten percent the cost of steel which is rolled outside the state.
• B. The provisions of this Section shall not apply when sufficient quantities of steel rolled in Louisiana are not available.

Title 48. Roads, Bridges and Ferries
§255.6. Preference in letting contracts for public works
A. If a nonresident contractor bidding on a department project is domiciled in a state that provides a percentage preference in favor of contractors domiciled in that state over Louisiana resident contractors for the same type of work, then every Louisiana resident contractor shall be granted the same preference over contractors domiciled in the other state favoring contractors domiciled therein whenever the nonresident contractor bids on public work in Louisiana.

Louisiana Administrative Code - http://doa.louisiana.gov/osr/lac/books.htm

Title 34. Government Contracts, Procurement and Property Control
Part 1. Purchasing
Subpart 1. Central Purchasing Procedures
Chapter 5. Competitive Sealed Bidding

§529. Tie Bids

• A. Definition
  Tie Bids - low responsive bids from responsible bidders that are identical in price and which meet all requirements and criteria set forth in the Invitation for Bids.
• B. Resident Business Preference
  • 1. In state contracts awarded by competitive sealed bidding, resident businesses shall be preferred to nonresident businesses where there is a tie bid and where there will be no sacrifice or loss of quality.
  • 2. Resident Business - one authorized to do and doing business under the laws of this state, which either:
    • a. maintains its principal place in business in the state; or
    • b. employs a minimum of two employees who are residents of the state.
• C. Award. In the discretion of the chief procurement officer or the head of a purchasing agency, award shall be made in any manner that will discourage tie bids. A written determination justifying the manner of award must be made. This would include, but is not limited to, consideration of such factors as resident business, proximity, past performance, delivery, completeness of bid proposal. Tie bids over $10,000 must be reported to the attorney general.

Maine

Maine Revised Statutes - http://www.mainelegislature.org/legis/statutes/

Title 5. Administrative Procedures and Services
Part 4. Finance
Chapter 155. Purchases
Subchapter 1. General Provisions

§1812-B. Purchasing of paper and paper products

• 1. Purchase of paper and paper products with recycled material content. Subject to subsection 3, the State Purchasing Agent shall provide that of the total dollar amount spent in each fiscal year on paper and paper products purchased by the State:
  • C. On or after October 1, 1993, not less than 50% shall be spent on paper and paper products with recycled material content.
• 3. Bids; price preference. A person who submits a bid for a contract to supply paper or paper products shall certify the percentage and nature of any recycled materials content in the product subject to bid. Bids offering paper or paper products with recycled material content that are within 10% of the lowest bid that meets all other specifications may receive up to a 10% price preference. Any bids to supply paper or paper products with recycled material content that exceed by more than 10% the low bid which meets all other specifications shall not be considered. If no bids are received on a request for bids which offer paper or paper products with recycled material content, the State Purchasing Agent may award the contract to a bidder whose paper or paper product has substandard percentages of or no recycled materials content.

Subchapter 1-A. Rules Governing the Competitive Bid Process
§1825-B. Bids, awards and contracts

• 8. Tie bids. The Director of the Bureau of General Services shall award contracts or purchases to in-state bidders or to bidders offering commodities produced or manufactured in the State if the price, quality, availability and other factors are equivalent.
• 9. Determination of best-value bidder. In determining the best-value bidder, the Director of the Bureau of General Services or any department or agency of the State shall, for the purpose of awarding a contract, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.

Title 26. Labor and Industry
Chapter 15. Preference to Maine Works and Contractors
§1301. Local residents preferred; exception
The State, counties, cities and towns, and every charitable or educational institution which is supported in whole or in part by aid granted by the State or by any municipality shall, in the awarding of contracts for constructing, altering, repairing, furnishing or equipping its buildings or public works, give preference to workmen and to bidders for such contracts who are residents of this State, provided the bids submitted by such resident bidders are equally favorable with bids submitted by contractors from without the State. This section shall not apply to construction or repairs amounting to less than $1,000 or to emergency work or to state road work.

Any contract for public improvement that is awarded by the State or any department or agency of the State is subject to the competitive bidding process established under Title 5, chapter 155, subchapter I-A.

Maryland

Maryland Annotated Code - http://www.lexisnexis.com/hottopics/mdcode/

State Finance and Procurement
Division II. General Procurement Law
Title 14. Preferences
Subtitle 4. Miscellaneous Purchasing Preferences

§14-401

• (b) When a unit uses competitive sealed bidding to award a procurement contract, the unit may give a preference to the resident bidder who submits the lowest responsive bid from a resident bidder if:
  • (1) the resident bidder is a responsible bidder;
  • (2) a responsible bidder whose principal office or operation is in another state submits the lowest responsive bid;
  • (3) the state in which the nonresident bidder's principal office is located or the state in which the nonresident bidder has its principal operation through which it would provide supplies or services gives a preference to its residents; and
  • (4) a preference does not conflict with a federal law or grant affecting the procurement contract.
• (c) When a unit uses competitive sealed proposals to award a procurement contract, the unit may give a preference to resident offerors if:
  • (1) a responsible offeror whose principal office or operation is in another state submits a proposal;
  • (2) the state in which the nonresident offeror's principal office is located or the state in which the nonresident offeror has its principal operation through which it would provide the subject of the contract gives a preference to its residents; and
  • (3) the preference does not conflict with a federal law or grant affecting the procurement contract.

§14-402

• (b) To the extent practicable, in procuring paper or paper products under Title 4, Subtitle 3, Part II of this article, the Secretary of General Services shall buy or approve for purchase only supplies that are produced from recycled paper.
• (c) Of the total volume of paper that the Secretary of General Services buys, at least 40% shall be recycled paper.

§14-405

• (b) No later than January 1, 1994, the Board shall adopt regulations that require the Secretary of General Services, the Secretary of Transportation, and the Chancellor of the University System of Maryland to establish a percentage price preference, not to exceed 5%, for the purchase of products made from recycled materials.
• (c) A percentage price preference under this section may not be used in conjunction with any other percentage price preference established under this title.

§14-406

• (b) Beginning October 1, 2003, all State agencies shall give preference to products and equipment that are mercury free or contain the least amount of mercury necessary to meet product or equipment performance standards.

§14-407

• (b) The Board shall adopt regulations that require State schools and facilities to establish a percentage price preference, not to exceed 5%, for the purchase of locally grown food.
• (c) A percentage price preference under this section may not be used in conjunction with any other percentage price preference established under this title.
• (d) Each State school and facility shall review the procurement specifications currently used and, to the extent practicable, require the use of a percentage price preference in their purchase of locally grown food.

Title 17. Special Provisions - State and Local Subdivisions
Subtitle 3. Steel Procurement for Public Works
§17-303

• (a) Except as otherwise provided in this subtitle, a public body shall require a contractor or subcontractor to use or supply only American steel products in the performance of a contract for:
  • (1) constructing or maintaining a public work; or
  • (2) buying or manufacturing machinery or equipment that:
    • (i) is composed of at least 10,000 pounds of steel products; and
    • (ii) is to be installed at a public work site.
• (b) This section does not apply if the head of a public body determines that:
  • (1) the price of American steel products is not reasonable, as provided in § 17-304 of this subtitle;
  • (2) American steel products are not produced in sufficient quantity to meet the requirements of the contract; or
  • (3) the purchase of American steel products would be inconsistent with the public interest.
• (c) The public body shall give notice of the requirement for American steel products in the invitation for bids or request for proposals.

Massachusetts

General Laws of Massachusetts - http://www.malegislature.gov/Laws/GeneralLaws/

Part 1. Administration of the Government
Title II. Executive and Administrative Officers of the Commonwealth
Chapter 7. Executive Office for Administration and Finance
Section 22. Purchase of supplies and equipment; rules and regulations; duties of state purchasing agent
The commissioner of administration shall, subject to the approval of the governor and council, make rules, regulations and orders which shall regulate and govern the manner and method of the purchasing, delivering and handling of, and the contracting for, supplies, equipment and other property for the various state departments, offices, and commissions, except when they are for legislative or military purposes. Such rules and regulations shall include, so far as practicable, the purchase of recycled paper products for said supplies. Such rules, regulations and orders shall be of general or limited application, and shall, so far as practicable, be uniform, shall be in conformity with existing laws relative to the purchase of articles and materials made by inmates of penal institutions and articles and supplies made by the blind except that such purchase shall be made by or under the direction of the state purchasing agent subject, however, to such approval by the commissioner as would be required if the purchase where made from some other source, and shall include provision for the following:

(17) A preference in the purchase of supplies and materials, other considerations being equal, in favor, first, of supplies and materials manufactured and sold within the commonwealth, with a proviso that the state purchasing agent may, where practicable, allow a further preference in favor of such supplies and materials manufactured and sold in those cities and towns within the commonwealth which have been designated as depressed areas. For the purpose of this section a depressed area shall be considered as cities and towns which are designated as Groups D, E or F, in the Department of Labor of the United States publication entitled "Area Trends in Employment and Unemployment", or which are listed in said publication as areas which have substantial or persistent unemployment and second, of supplies and materials manufactured and sold elsewhere within the United States.

Michigan

Michigan Compiled Laws - http://www.legislature.mi.gov/(S(34avgjrvnepdmk45fx3vhs45))/mileg.aspx?page=ChapterIndex

Chapter 18. Department of Management and Budget
18.1261 Supplies, materials, services, insurance, utilities, third party financing, equipment, printing, and other items; definitions.
Sec. 261.
(1) The department shall provide for the purchase of, the contracting for, and the providing of supplies, materials, services, insurance, utilities, third party financing, equipment, printing, and all other items as needed by state agencies for which the legislature has not otherwise expressly provided. In all purchases made by the department, all other things being equal, preference shall be given to products manufactured or services offered by Michigan-based firms, if consistent with federal statutes. The department shall solicit competitive bids from the private sector whenever practicable to efficiently and effectively meet the state's needs. The department shall first determine that competitive solicitation of bids in the private sector is not appropriate before it shall use any other procurement method for an acquisition.

18.1268 Bidder for state contract as Michigan business; certification; significant business presence required; verification; disclosure; reciprocal preference; list of states giving preference to in-state bidders; waiver of entitlement to claim preference; fraud; felony; penalty; review; recommendations; applicability.
Sec. 268.

• (1) A bidder for a state contract is a Michigan business for the purposes of this section if it certifies that it has done any of the following during the 12 months immediately preceding the bid deadline or for the period the business has been in existence, if the business is newly established within the 12 months immediately preceding the bid deadline:
  • (a) Filed a Michigan single business tax return or Michigan business tax return showing a portion or all of the income tax base allocated or apportioned to the state of Michigan pursuant to the former single business tax act, 1975 PA 228, or the Michigan business tax act, 2007 PA 36, MCL 208.1101 to 208.1601.
  • (b) Filed a Michigan income tax return showing income generated in or attributed to the state of Michigan.
  • (c) Withheld Michigan income tax from compensation paid to the bidder's owners and remitted the tax to the department of treasury.
• (4) Only a bidder that has certified that it is a Michigan business is entitled to have the department apply a reciprocal preference in its favor against a business that submits a bid from a state which applies a preference law against out-of-state bidders. A bidder that does not certify that it is a Michigan business shall indicate in its bid the state in which it maintains its principal place of business for the purpose of applying that state's preference law against the bidder.
• (5) If the low bid for a state procurement exceeds $100,000.00 and is from a business located in a state which applies a preference law against out-of-state businesses, the department shall prefer a bid from a Michigan business in the same manner in which the out-of-state bidder would be preferred in its home state.

Chapter 24. Printing and State Documents
24.61 State printing and legislative printing; requirements; exceptions.
Sec. 1.
All printing for which the state is chargeable, or which is paid for with funds appropriated wholly or in part by the state, excepting that which is printed for primary school districts, counties, townships, cities, villages, or legal publications ordered for or by elective state officers, must be printed within the state, and shall bear the label of the branch of the allied printing trades council of the locality in which they are printed, except under the following conditions …

Chapter 45. Counties
45.85 Purchasing agent; duties; estimates of county officers; advertisement for bids; manner of purchase, criteria.
Sec. 5.
It shall be the duty of the purchasing agent aforesaid to contract for all supplies, merchandise, printing and articles of every description needed for the maintenance and operation of each county office, department and institution, except those supplies that are of a strictly perishable character, basing his contract or contracts upon estimates to be furnished him by the county officers and heads of county departments and institutions. Such estimates shall be furnished by the first day of July of each year, for an entire year; and all such contracts shall be made after full notice by advertisement of not less than 4 weeks in at least 4 of the leading newspapers of the state to be selected by said agent. Such advertisements shall call for sealed bids or proposals to furnish the aggregate of the desired article and supplies as estimated for by such office, department or institution, naming the articles and supplies and the quantities and character required, and all such bids or proposals shall be for the entire period of 1 year; such supplies, articles, and merchandise to be delivered at such times and in such quantities as said agent may from time to time designate, and should the supplies, or any portion thereof, as contracted for, be not sufficient for the year for which the contract or contracts shall be made, then the contractor or contractors shall be required to furnish such additional supplies at the prices named for similar articles under contract or contracts: Provided, That should said purchasing agent at any time discover that he could purchase the same supplies for less money for any 1 year by buying the same for less time than 1 year, he shall have the authority to make such purchase for a shorter length of time, but not less than 3 months, it being the purpose of this act to authorize and require said purchasing agent to make such contracts upon such terms as will secure the best and cheapest rates for the county in the purchase of articles and supplies of necessity for said offices, departments and institutions, and to that end he shall reserve the right to reject any and all bids, or to accept any bid in part or reject it in part; and if none of the bids and proposals are deemed advantageous and satisfactory, he may buy in the open market until a proper and satisfactory bid is offered. The period for which such bids or proposals are invited shall be clearly stated in said advertisements, as well as the terms and conditions contemplated by the provisions of this act. When the same article is estimated for by 2 or more offices, departments or institutions, but of different brands or grades, the purchasing agent may determine which of the brands or grades shall be purchased so as to produce uniformity in use by all the offices, departments and institutions: Provided, That other things being equal, supplies offered by bidders who have an established local business in the county shall have preference.

Minnesota

Minnesota Statutes - https://www.revisor.leg.state.mn.us/statutes/

Administration and Finance
Chapter 16B. Department of Administration
16B.121 Purchase of Recycled, Repairable, and Durable Materials.
The commissioner shall take the recycled content and recyclability of commodities to be purchased into consideration in bid specifications. When feasible and when the price of recycled materials does not exceed the price of nonrecycled materials by more than ten percent, the commissioner, and state agencies when purchasing under delegated authority, shall purchase recycled materials. In order to maximize the quantity and quality of recycled materials purchased, the commissioner, and state agencies when purchasing under delegated authority, may also use other appropriate procedures to acquire recycled materials at the most economical cost to the state. When purchasing commodities and services, the commissioner, and state agencies when purchasing under delegated authority, shall apply and promote the preferred waste management practices listed in section 115A.02, with special emphasis on reduction of the quantity and toxicity of materials in waste. The commissioner, and state agencies when purchasing under delegated authority, in developing bid specifications, shall consider the extent to which a commodity or product is durable, reusable, or recyclable and marketable through the state resource recovery program and the extent to which the commodity or product contains postconsumer material.

Chapter 16C. State Procurement
16C.06 Acquisitions.

• Subd. 7. Other states with resident preference. Acquisition of goods and services must be awarded according to the provisions of this chapter except that a resident vendor shall be allowed a preference over a nonresident vendor from a state that gives or requires a preference to vendors from that state. The preference shall be equal to the preference given or required by the state of the nonresident vendor.
• Subd. 8. Federally funded projects exempt. Subdivision 7 does not apply to a contract for any project in which federal funds are expended.
• Subd. 10. Preferences not cumulative. The preferences provided for under subdivision 7 and sections 16B.121 and 16C.16 are not cumulative. The total percentage of preference granted on a contract may not exceed the highest percentage of preference allowed for that contract under any one of these statutory sections.

16C.12 Agricultural Food Products Grown in State.
The commissioner shall encourage and make a reasonable attempt to identify and purchase food products that are grown in the state.

16C.16 Designation of Procurements from Small Businesses.

• Subdivision 1. Small business procurements. (a) The commissioner shall for each fiscal year ensure that small businesses receive at least 25 percent of the value of anticipated total state procurement of goods and services, including printing and construction. The commissioner shall divide the procurements so designated into contract award units of economically feasible production runs in order to facilitate offers or bids from small businesses.
  (b) The commissioner must solicit and encourage Minnesota small businesses to submit responses or bids when the commissioner is entering into master contracts. If cost-effective, when entering into a master contract, the commissioner must attempt to negotiate contract terms that allow agencies the option of purchasing from small businesses, particularly small businesses that are geographically proximate to the entity making the purchase.
  (c) In making the annual designation of such procurements the commissioner shall attempt
  (1) to vary the included procurements so that a variety of goods and services produced by different small businesses are obtained each year, and (2) to designate small business procurements in a manner that will encourage proportional distribution of such awards among the geographical regions of the state. To promote the geographical distribution of awards, the commissioner may designate a portion of the small business procurement for award to bidders from a specified congressional district or other geographical region specified by the commissioner. The failure of the commissioner to designate particular procurements shall not be deemed to prohibit or discourage small businesses from seeking the procurement award through the normal process.
• Subd. 2. Small business. The commissioner shall adopt rules defining "small business" for purposes of sections 16C.16 to 16C.21, 137.31, 137.35, 161.321, and 473.142. The definition must include only businesses with their principal place of business in Minnesota. The definition must establish different size standards for various types of businesses. In establishing these standards, the commissioner must consider the differences among industries caused by the size of the market for goods or services and the relative size and market share of the competitors operating in those markets.
• Subd. 3. Professional or technical procurements. Every state agency must for each fiscal year designate for awarding to small businesses at least 25 percent of the value of anticipated procurements of that agency for professional or technical services. The set-aside under this subdivision is in addition to that provided by subdivision 1, but must otherwise comply with section 16C.08.
• Subd. 4. Targeted group purchasing. The commissioner shall establish a program for purchasing goods and services from targeted group businesses, as designated in subdivision 5. The purpose of the program is to remedy the effects of past discrimination against members of targeted groups. In furtherance of this purpose, the commissioner shall attempt to ensure that purchases from targeted group businesses reflect a fair and equitable representation of all the state's purchasing.
• Subd. 5. Designation of targeted groups. (a) The commissioner of administration shall periodically designate businesses that are majority owned and operated by women, persons with a substantial physical disability, or specific minorities as targeted group businesses within purchasing categories as determined by the commissioner. A group may be targeted within a purchasing category if the commissioner determines there is a statistical disparity between the percentage of purchasing from businesses owned by group members and the representation of businesses owned by group members among all businesses in the state in the purchasing category.
  (b) In addition to designations under paragraph (a), an individual business may be included as a targeted group business if the commissioner determines that inclusion is necessary to remedy discrimination against the owner based on race, gender, or disability in attempting to operate a business that would provide goods or services to public agencies.
  (c) The designations of purchasing categories and businesses under paragraphs (a) and (b) are not rules for purposes of chapter 14, and are not subject to rulemaking procedures of that chapter.
• Subd. 6. Purchasing methods. (a) The commissioner may award up to a six percent preference in the amount bid for specified goods or services to small targeted group businesses.
  (b) The commissioner may designate a purchase of goods or services for award only to small businesses or small targeted group businesses if the commissioner determines that at least three small businesses or small targeted group businesses are likely to bid.
  (c) The commissioner, as a condition of awarding a construction contract or approving a contract for professional or technical services, may set goals that require the prime contractor to subcontract a portion of the contract to small businesses or small targeted group businesses. The commissioner must establish a procedure for granting waivers from the subcontracting requirement when qualified small businesses or small targeted group businesses are not reasonably available. The commissioner may establish financial incentives for prime contractors who exceed the goals for use of small business or small targeted group business subcontractors and financial penalties for prime contractors who fail to meet goals under this paragraph. The subcontracting requirements of this paragraph do not apply to prime contractors who are small businesses or small targeted group businesses.
• Subd. 7. Economically disadvantaged areas. (a) Except as otherwise provided in paragraph (b), the commissioner may award up to a six percent preference in the amount bid on state procurement to small businesses located in an economically disadvantaged area.
  (b) The commissioner may award up to a four percent preference in the amount bid on state construction to small businesses located in an economically disadvantaged area.
  (c) A business is located in an economically disadvantaged area if:
  (1) the owner resides in or the business is located in a county in which the median income for married couples is less than 70 percent of the state median income for married couples;
  (2) the owner resides in or the business is located in an area designated a labor surplus area by the United States Department of Labor; or
  (3) the business is a certified rehabilitation facility or extended employment provider as described in chapter 268A.
  (d) The commissioner may designate one or more areas designated as targeted neighborhoods under section 469.202 or as enterprise zones under section 469.167 as economically disadvantaged areas for purposes of this subdivision if the commissioner determines that this designation would further the purposes of this section. If the owner of a small business resides or is employed in a designated area, the small business is eligible for any preference provided under this subdivision.
  (e) The Department of Revenue shall gather data necessary to make the determinations required by paragraph (c), clause (1), and shall annually certify counties that qualify under paragraph (c), clause (1). An area designated a labor surplus area retains that status for 120 days after certified small businesses in the area are notified of the termination of the designation by the United States Department of Labor.

16C.28 Contracts; Award.

• Subd. 5. Preferences not cumulative. The preferences under sections 16B.121, 16C.06, subdivision 7, and 16C.16 apply, but are not cumulative. The total percentage of preference granted on a contract may not exceed the highest percentage of preference allowed for that contract under any one of those sections.

Minnesota Administrative Rules - https://www.revisor.leg.state.mn.us/rules/?view=list

Chapter 1230. State Contracts
1230.0900 Tied Bids.
Subpart 1. Resolving tied bids.

Tied low bids for less than $2,500 must be resolved by a coin toss among the tied low bidders, except as provided in subpart 2.

Except as provided in subpart 2, tied low bids for $2,500 or more must be referred to the director for disposition. The methods used to resolve tie bids may include requesting second pricing from the vendors or negotiating with the tied low bidders.

Subp. 2. Preference for Minnesota firms.

Whenever a tie involves a Minnesota firm and one whose place of business is outside the state of Minnesota, preference shall be given to the Minnesota firm.

1230.1830 Preference Procurements from Economically Disadvantaged Small Businesses.
A certified economically disadvantaged small business may be awarded up to a six percent preference for commodities and services and a four percent preference for construction projects.

• A. The division shall include a statement on the solicitation document informing all vendors that certified economically disadvantaged vendors will receive a preference in the amount offered and the amount of the preference to be awarded.
• B. Unless awarded pursuant to item E, when the lowest acceptable response from a certified economically disadvantaged small business is within the specified percent of the lowest acceptable response from another vendor, award must be made to the lowest responsible certified economically disadvantaged small business.
• C. Unless awarded pursuant to item E, when there is no acceptable response from a certified economically disadvantaged small business within the specified percent of the lowest acceptable response from another vendor, award must be made to the lowest responsible vendor.
• D. Unless awarded pursuant to item E, when the division awards a different percentage preference to a certified targeted group small business and a certified economically disadvantaged small business on the same solicitation, the lowest acceptable response must be determined by deducting the appropriate preference percent awarded from the acceptable responses by the certified small businesses.
• E. In the event the state is using a solicitation method other than competitive bidding, including requests for proposals and bids awarded based on best value criteria, where price is not the only factor considered in making an award, the preference must be applied as stated in the solicitation document.

Mississippi

Mississippi Code - http://www.lexisnexis.com/hottopics/mscode/

Title 19. Counties and County Officers
Chapter 13. Contracts, Claims and Transaction of Business with Counties
§ 19-13-111. Bids and contracts to be definite.
All bids and contracts for stationery, blank books, office supplies and other things must be specific in stating the kinds or brands and qualities of all articles, as far as practicable; the weight per ream and material of all paper; the price per quire and the weight per ream of books and record books, with the style of binding and size of each kind of book duly classified; and, other things being equal, the several boards shall give the preference to those bids which are most specific as to the price and quality of the various articles. In case bids are in all respects equal between resident and nonresident bidders, the board of supervisors shall give preference to citizens of this state.

Title 31. Public Business, Bonds and Obligations
Chapter 3. State Board of Public Contractors
§ 31-3-21. Bidding and awards.
(3) In the letting of public contracts preference shall be given to resident contractors, and a nonresident bidder domiciled in a state having laws granting preference to local contractors shall be awarded Mississippi public contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi contractors bidding under similar circumstances; and resident contractors actually domiciled in Mississippi, be they corporate, individuals, or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident. When a nonresident contractor submits a bid for a public project, he shall attach thereto a copy of his resident state's current law pertaining to such state's treatment of nonresident contractors. As used in this section, the term "resident contractors" includes a nonresident person, firm or corporation that has been qualified to do business in this state and has maintained a permanent full-time office in the State of Mississippi for two (2) years prior to January 1, 1986, and the subsidiaries and affiliates of such a person, firm or corporation.

Chapter 7. Public Purchases
§ 31-7-15. Preferences for awarding contracts for commodities; procurement of products made from recovered materials; state agencies to purchase products manufactured or sold by Mississippi Industries for the Blind whenever economically feasible.
(1) Whenever two (2) or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities grown, processed or manufactured within this state shall be given preference. A similar preference shall be given to commodities grown, processed or manufactured within this state whenever purchases are made without competitive bids, and when practical the Department of Finance and Administration may by regulation establish reasonable preferential policies for other commodities, giving preference to resident suppliers of this state.
(2) Any foreign manufacturing company with a factory in the state and with over fifty (50) employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.
(3) On or before January 1, 1991, the Department of Finance and Administration shall adopt bid and product specifications to be utilized by all state agencies that encourage the procurement of commodities made from recovered materials. Preference in awarding contracts for commodities shall be given to commodities offered at a competitive price.
(4) Each state agency is required to procure products made from recovered materials when those products are available at a competitive price. For purposes of this subsection, "competitive price" means a price not greater than ten percent (10%) above the lowest and best bidder. A decision not to procure products made from recovered materials must be based on a determination that such procurement:

• (a) Is not available within a reasonable period of time; or
• (b) Fails to meet the performance standards set forth in the applicable specifications; or
• (c) Is not available at a competitive price.

(5) Whenever economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.

§ 31-7-18. Purchase of certain motor vehicles.

In addition to the method of purchasing authorized in this chapter, said governing authorities are hereby authorized to accept the lowest bid received from a motor vehicle dealer domiciled within the county of the governing authority for the purchase of any motor vehicle having a gross vehicle weight rating of less than twenty-six thousand (26,000) pounds that shall not exceed a sum equal to three percent (3%) greater than the price or cost which the dealer pays the manufacturer, as evidenced by the factory invoice for the motor vehicle. In the event said county does not have an authorized motor vehicle dealer, said board or governing authority may, in like manner, receive bids from motor vehicle dealers in any adjoining county.

No purchase of a motor vehicle under the provisions of this section shall be valid unless the purchase is made according to statutory bidding and licensing requirements. Provided, however, that the governing authorities may choose to purchase a motor vehicle from the authorized state contract dealer without having to advertise and receive bids therefor.

No purchase shall be made in excess of the approved state contract price by any of the aforementioned governing authorities when such authorities are situated wholly or in part in the county wherein the authorized state contract dealer for a particular item is domiciled.

§ 31-7-47. Preference to resident contractors.
In the letting of public contracts, preference shall be given to resident contractors, and a nonresident bidder domiciled in a state, city, county, parish, province, nation or political subdivision having laws granting preference to local contractors shall be awarded Mississippi public contracts only on the same basis as the nonresident bidder's state, city, county, parish, province, nation or political subdivision awards contracts to Mississippi contractors bidding under similar circumstances. Resident contractors actually domiciled in Mississippi, be they corporate, individuals or partnerships, are to be granted preference over nonresidents in awarding of contracts in the same manner and to the same extent as provided by the laws of the state, city, county, parish, province, nation or political subdivision of domicile of the nonresident.

Missouri

Missouri Revised Statutes - http://www.moga.mo.gov/STATUTES/STATUTES.HTM

Chapter 8. State Buildings and Lands
Missouri products shall be used in construction or repair of public buildings.
8.280. Every commission, board, committee, officer or other governing body of the state, charged with the construction or repair of public buildings, and every person acting as contracting or purchasing agent for any commission, board, committee, officer or other governing body of the state, shall purchase and use only the products of the mines, forests, and quarries of the state of Missouri, when they are found in marketable quantities in the state, and all materials contracted for shall be of the best quality, and preference shall be given to Missouri materials and labor where same are of a suitable character and can be obtained at reasonable market prices. Any contract for materials made in violation of this section is void and in the event of the construction or repair of public buildings where products of mines, forests and quarries other than as enumerated above are used, the commissioner of administration shall not approve, the state auditor shall not audit nor the state treasurer pay any warrants issued in payment of the construction.

Chapter 34. State Purchasing and Printing
Definitions.
34.010.

• 3. The term "Missouri product" refers to goods or commodities which are manufactured, mined, produced, or grown by companies in Missouri, or services provided by such companies.
• 7. The term "value" includes but is not limited to price, performance, and quality. In assessing value, the state purchaser may consider the economic impact to the state of Missouri for Missouri products versus the economic impact of products generated from out of state. This economic impact may include the revenues returned to the state through tax revenue obligations.

Recycled products, preference for products made from solid waste --elimination of purchase of products made from polystyrene foam --commissioner of administration, duties--report.
34.031.

• 1. The commissioner of administration, in consultation with the environmental improvement and energy resources authority of the department of natural resources, shall give full consideration to the purchase of products made from materials recovered from solid waste and to the reduction and ultimate elimination of purchases of products manufactured in whole or in part of thermoformed or other extruded polystyrene foam manufactured using any fully halogenated chlorofluorocarbon (CFC). Products that utilize recovered materials of a price and quality comparable to products made from virgin materials shall be sought and purchased, with particular emphasis on recycled oil, retread tires, compost materials and recycled paper products. The commissioner shall exercise a preference for such products if their use is technically feasible and, where a bid is required, their price is equal to, or less than, the price of items which are manufactured or produced from virgin materials. Products that would be inferior, violate safety standards or violate product warranties if the provisions of this section are followed may be excluded from the provisions of this section.
• 8. The office of administration, department of natural resources and department of economic development shall cooperate jointly and share to the greatest extent possible, information and other resources to promote:
  • (2) Increased demand for secondary materials recovered in Missouri; and
  • (3) Increased demand by state government for products which contain secondary materials recovered in Missouri.

Preference to Missouri products and firms.
34.070. In making purchases, the commissioner of administration or any agent of the state with purchasing power shall give preference to all commodities and tangible personal property manufactured, mined, produced or grown within the state of Missouri and to all firms, corporations or individuals doing business as Missouri firms, corporations or individuals, when quality is equal or better and delivered price is the same or less. The commissioner of administration or any agent of the state with purchasing power may also give such preference whenever competing bids, in their entirety, are comparable.

Missouri businesses, performance of jobs or services, preference, when.
34.073.

• 1. In letting contracts for the performance of any job or service, all agencies, departments, institutions, and other entities of this state and of each political subdivision of this state shall give preference to all firms, corporations, or individuals doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business, when the quality of performance promised is equal or better and the price quoted is the same or less. The commissioner of administration may also give such preference whenever competing bids, in their entirety, are comparable.
• 2. Notwithstanding the requirements of subsection 1 of this section, the commissioner of administration shall give further preference as required by section 34.076.

Out-of-state contractors or products for public works, requirements, exceptions.
34.076.

• 1. To the extent permitted by federal laws and regulations, whenever the state of Missouri, or any department, agency or institution thereof or any political subdivision shall let for bid any contract to a contractor for any public works or product, the contractor or bidder domiciled outside the boundaries of the state of Missouri shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor or bidder domiciled in Missouri as would be required for such a Missouri domiciled contractor or bidder to succeed over the bidding contractor or bidder domiciled outside Missouri on a like contract or bid being let in the person's domiciliary state and, further, the contractor or bidder domiciled outside the boundaries of Missouri shall be required to submit an audited financial statement as would be required of a Missouri domiciled contractor or bidder on a like contract or bid being let in the domiciliary state of that contractor or bidder.
• 2. Subsection 1 of this section shall not apply to any contractor who is qualified for bidding purposes with the department of transportation and submits a successful bid wherein part of or all funds are furnished by the United States.
• 3. Subsection 1 of this section shall not apply to any public works or product transportation where the bid is less than five thousand dollars.

Institutions to use coal from Missouri or adjoining states, when --institution defined.
34.080.

• 1. That the board of trustees or other officer or officers in charge of every institution in the state of Missouri which is supported in whole or in part by public funds, and who are required to purchase coal for fuel purposes in the operation of any such institution, shall be required to purchase and use coal which is mined in the state of Missouri or an adjoining state, if the cost of coal mined in the state of Missouri or an adjoining state is not greater than the cost of coal mined in any other state or states, including the cost of transportation.
• 2. The term "institution" shall be construed to include all institutions supported by public funds of the state, but shall not include municipal corporations, political subdivisions or public schools.

All public agencies and political subdivisions to purchase or lease only goods or commodities produced in the United States, exceptions, procedure.
34.353.

• 1. Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States.
• 2. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty-five thousand dollars. This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States.
• 3. This section shall not apply where the executive head of the public agency certifies in writing that:
  • (1) The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements;
  • (2) Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent;
  • (3) The specified products are to be purchased or leased by a state-supported four-year institute of higher education and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years;M
  • (4) The specified products are to be purchased or leased by a publicly supported institution and such certification as required by subdivision (1) or (2) of this subsection has been made within the last three years; or
  • (5) The political subdivision has adopted a formal written policy to encourage the purchase of products manufactured or produced in the United States.

Purchasing agents for governmental agencies to give preference to food and beverages containing higher levels of calcium, exceptions.
34.375.

• 1. This section shall be known and may be cited as the "Missouri Calcium Initiative".
• 2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:
  • (1) Contain a higher level of calcium than products of the same type and nutritional quality; and
  • (2) Are equal to or lower in price than products of the same type and nutritional quality.
• 3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.
• 4. The requirements of this section shall be in addition to any requirements placed upon a governmental entity by the United States Department of Agriculture under the National School Lunch Program or the School Breakfast Program.
• 5. For purposes of this section, "governmental entity" means the state of Missouri, its departments, agencies, boards, commissions and institutions, and all school districts of the state. Governmental entity does not include political subdivisions of the state.
• 6. Notwithstanding the provisions of this section to the contrary, a purchasing agent who has entered into a contract with a supplier before July 1, 2003, to purchase food and beverages shall not be required to purchase high calcium foods and beverages if purchasing such products would change the terms of the contract.

Chapter 67. Political Subdivisions, Miscellaneous Powers
Missouri products and supplies to be given preference.
67.1748. The metropolitan district shall purchase and use only those materials, products, supplies, provisions and other needed articles produced, manufactured, compounded, made or grown within this state, when such articles are found in marketable quantities in the state and are of a quality suited to the purpose intended and can be secured without additional cost over foreign products or products of other states, provided that quality and fitness of articles shall be considered in purchasing or letting contracts for articles mentioned in this section.

Chapter 70. Powers of Political Subdivisions to Cooperate or Contract with Definitions--percentage of contracts, construction and concessions to be awarded to socially and economically disadvantaged small business concerns--Missouri products to be given preference--out-of-state contractors, bidding requirement.
70.859.

• 1. As used in this section, the following words and phrases shall mean:
  • (1) "Concessions", all goods and services incidental to the operation of a qualifying project including, but not limited to, parking, food, beverage, liquor, souvenirs, ticket sales, sales of programs, advertising, printing of promotions and security, provided to the operator or lessee of the qualifying project pursuant to any contract or subcontract;
  • (2) "Economically disadvantaged individuals", socially disadvantaged residents of this state whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged. In determining the degree of diminished credit and capital opportunities consideration shall include, but not be limited to, the assets and net worth of such economically disadvantaged individuals;
  • (3) "Participating counties and cities", as defined by section 70.843, provided such counties are first class charter counties and such cities are cities not within a county;
  • (4) "Qualifying project", as defined by section 70.846;
  • (5) "Socially and economically disadvantaged small business concern", any small business concern:
    • (a) Which is at least fifty-one percent owned by one or more socially and economically disadvantaged individuals; or, in the case of any corporation, at least fifty-one percent of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
    • (b) Whose management and daily business operations are predominantly controlled by one or more of such individuals;
  • (6) "Socially disadvantaged individuals", residents of this state who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.
• 2. The state and any participating counties and cities shall provide with respect to each qualifying project:
  • (1) That at least ten percent of the total dollar value of the contract or contracts for construction of the qualifying project, and structures and improvements associated with operation of the qualifying project, or rehabilitation or remodeling of any structures for use as or associated with the use of the qualifying project, shall be set aside, awarded to and procured from socially and economically disadvantaged small business concerns; and
  • (2) That at least ten percent of the total dollar value of all contract or contracts for concessions, shall be set aside, awarded to and procured from socially and economically disadvantaged small business concerns.
• 3. The authority and any city, county, other political subdivision or public agency obtaining funds pursuant to the provisions of sections 70.840 to 70.858 shall be subject to the provisions of sections 34.073 and 34.076, RSMo.

Chapter 104. Retirement of State Officers and Employees
Consulting firms assisting board, preference to be given Missouri based companies, when.
104.550. In the selection of any consulting firm or pension consulting firm for the purpose of assisting the board or making fixed income investments, equity investments, venture capital investments, limited partnership investments, real estate investments, or any other type of investment, preference shall and must be given to a Missouri based company, if the service is available.

Chapter 105. Public Officers and Employees--Miscellaneous Provisions
Selection of fiduciaries, preference to Missouri firms.
105.690. When selection is made of a venture capital firm, a consultant or a fiduciary, preference must be given to a Missouri based company.

Chapter 171. School Operations Preference given Missouri products in making purchase--certain seven-director school districts, board member selling to district prohibited, exceptions, penalty.
171.181. In making purchases, the school board, officer, or employee of any school district shall give preference to all commodities, manufactured, mined, produced or grown within the state and to all firms, corporations or individuals doing business as Missouri firms, corporations, or individuals, when quality and price are approximately the same; provided, however, that any board member, officer or employee of a seven-director school district, any portion of which is located in a first class county, selling or providing such commodities to the school district shall be guilty of a class A misdemeanor and shall forfeit his position with the school district and provided further that any board member, officer or employee of a seven-director school district, any portion of which is located in a county of the second, third or fourth class, selling or providing such commodities to the school district except as provided in sections 105.450 to 105.458, RSMo, shall be guilty of a class A misdemeanor and shall forfeit his position with the school district.

Chapter 260. Environmental Control
Preference and bonus points for contracts for the removal or clean up of waste tires, when.
260.279. In letting contracts for the performance of any job or service for the removal or clean up of waste tires under this chapter, the department of natural resources shall, in addition to the requirements of sections 34.073 and 34.076, RSMo, and any other points awarded during the evaluation process, give to any vendor that meets one or more of the following factors a five percent preference and ten bonus points for each factor met:

• (1) The bid is submitted by a vendor that has resided or maintained its headquarters or principal place of business in Missouri continuously for the two years immediately preceding the date on which the bid is submitted;
• (2) The bid is submitted by a nonresident corporation vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri continuously for the two years immediately preceding the date on which the bid is submitted;
• (3) The bid is submitted by a vendor that resides or maintains its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this subdivision and submit a written claim for preference at the time the bid is submitted;
• (4) The bid is submitted by a nonresident vendor that has an affiliate or subsidiary that employs at least twenty state residents and has maintained its headquarters or principal place of business in Missouri and, for the purposes of completing the bid project and continuously over the entire term of the project, an average of at least seventy-five percent of such vendor's employees are Missouri residents who have resided in the state continuously for at least two years immediately preceding the date on which the bid is submitted. Such vendor must certify the residency requirements of this section and submit a written claim for preference at the time the bid is submitted;
• (5) The bid is submitted by any vendor that provides written certification that the end use of the tires collected during the project will be for fuel purposes or for the manufacture of a useable good or product. For the purposes of this section, the landfilling of waste tires, waste tire chips, or waste tire shreds in any manner, including landfill cover, shall not permit the vendor a preference.

Montana

Montana Code Annotated - http://data.opi.mt.gov/bills/mca_toc/index.htm

Title 17. State Finance
17-5-1527. Procedure prior to financing major projects.

• (1) The board may finance major projects under this part only when it finds that:
  • (e) any contracts to construct the projects require all contractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401, in the performance of the work on the projects if their qualifications are substantially equal to those of nonresidents; "substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons;

17-6-211. Preference to in-state investment firms -- commitment agreement with board of housing.
(1) The board of investments shall endeavor to direct its portion of the state's investment business to those investment firms and/or financial institutions which maintain offices in the state and thereby make contributions to the state economy. Further, due consideration shall be given to investments which will benefit the smaller communities in the state. The state's investment business will be directed to out-of-state firms only when there is a distinct economic advantage to the state of Montana.

17-6-325. Preference of Montana labor.
Any contract to construct a project financed pursuant to this part must require all contractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401, in the performance of the work on the projects if their qualifications are substantially equal to those of nonresidents. "Substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons.

Title 18. Public Contracts
18-1-102. State contracts to lowest bidder -- reciprocity.

• (1) In order to provide for an orderly administration of the business of the state of Montana in awarding public contracts for the purchase of goods and for construction, repair, and public works of all kinds, a public agency shall, except as provided in Title 18, chapter 2, part 5, award:
  • (a) a public contract for construction, repair, or public works to the lowest responsible bidder without regard to residency. However, a resident bidder must be allowed a preference on a contract against the bid of a nonresident bidder from any state or country that enforces a preference for resident bidders. The preference given to resident bidders of this state must be equal to the preference given in the other state or country.
  • (b) a public contract for the purchase of goods to the lowest responsible bidder without regard to residency. However, a resident must be allowed a preference on a contract against the bid of a nonresident if the state or country of the nonresident enforces a preference for residents. The preference must be equal to the preference given in the other state or country.
• (2) The preferences in this section apply:
  • (a) whether the law requires advertisement for bids or does not require advertisement for bids; and
  • (b) to contracts involving funds obtained from the federal government unless expressly prohibited by the laws of the United States or regulations adopted pursuant to federal laws.

18-1-103. Resident defined.

• (1) For the purpose of 18-1-102 and this section, the word "resident" includes actual residence of an individual within this state for a period of more than 1 year immediately prior to bidding.
• (2) In a partnership enterprise, limited liability company, or association, the majority of all partners or members must have been actual residents of the state of Montana for more than 1 year immediately prior to bidding.
• (3) Domestic corporations organized under the laws of the state of Montana are prima facie eligible to bid as residents, but this qualification may be set aside and a successful bid disallowed when it is shown to the satisfaction of the board, commission, officer, or individual charged with the responsibility for the execution of the contract that the corporation is a wholly owned subsidiary of a foreign corporation or that the corporation was formed for the purpose of circumventing the provisions relating to residence.

18-1-110. Hiring preference for residents of Indian reservations for state construction projects within reservation -- rules.
(1) For any contract awarded by a state agency for a state construction project within the exterior boundaries of an Indian reservation, except a project partially funded with federal-aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law, there must be inserted in the bid specification and the contract a provision, in language approved by the commissioner of labor and industry, implementing the requirements of this subsection. The bid specification and the contract must provide that a preference in hiring for positions of employment be given to Indian residents of the reservation who have substantially equal qualifications for any position. For the purposes of this section, the definitions in 2-18-111 apply.

18-2-401. Definitions.
Unless the context requires otherwise, in this part, the following definitions apply:

• (1) A "bona fide resident of Montana" is a person who, at the time of employment and immediately prior to the time of employment, has lived in this state in a manner and for a time that is sufficient to clearly justify the conclusion that the person's past habitation in this state has been coupled with an intention to make it the person's home. Persons who come to Montana solely in pursuance of any contract or agreement to perform labor may not be considered to be bona fide residents of Montana within the meaning and for the purpose of this part.

18-2-403. Preference of Montana labor in public works -- wages -- tax-exempt project -- federal exception.

• (1) In every public works contract, there must be inserted in the bid specification and the public works contract a provision requiring the contractor to give preference to the employment of bona fide residents of Montana in the performance of the work.
• (2) All public works contracts for construction services under subsection (1), except those for heavy and highway construction, that are conducted at the project location or under special circumstances must contain a provision requiring the contractor to pay:
  • (a) the travel allowance that is in effect and applicable to the district in which the work is being performed; and
  • (b) the standard prevailing rate of wages, including fringe benefits for health and welfare and pension contributions, that:
    • (i) meets the requirements of the Employee Retirement Income Security Act of 1974 and other bona fide programs approved by the United States department of labor; and
    • (ii) is in effect and applicable to the district in which the work is being performed.

18-2-409. Montana residents to be employed on state construction contracts.

• (1) On any state construction project funded by state or federal funds, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law and to which the state is a signatory to the construction contract, each contractor shall ensure that at least 50% of the contractor's workers performing labor on the project are bona fide Montana residents, as defined in 18-2-401.
• (2) For any contract awarded for a state construction project, except a project partially funded with federal aid money from the United States department of transportation or when residency preference laws are specifically prohibited by federal law, there must be inserted in the bid specification and the contract a provision, in language approved by the commissioner of labor and industry, implementing the requirements of subsection (1). The bid specification and the contract must provide that at least 50% of the workers on the project will be bona fide Montana residents. If due to a lack of qualified personnel each contractor cannot guarantee that at least 50% of the contractor's workers on the project will be Montana residents, the contract must provide that the percentage that the commissioner of labor and industry believes possible will be Montana residents.

18-4-303. Competitive sealed bidding.
(10) In case of a tie bid, preference must be given to the bidder, if any, offering American-made products or supplies.

18-7-107. State printing, binding, and stationery work.
All printing, binding, and stationery work for the state of Montana is subject to the preference in 18-1-102(1)(b). Federal exemptions as specified in 18-1-102(2)(b) apply.

Title 69. Public Utilities and Carriers
69-3-2005. Procurement -- cost recovery -- reporting.
(3) (a) Contracts signed for projects located in Montana must require all contractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401, in the performance of the work on the projects if the Montana residents have substantially equal qualifications to those of nonresidents.

Title 75. Environmental Protection
75-10-806. State government procurement of recycled supplies and materials.

• (2) It is the goal of the state that 95% of the paper and paper products used by state agencies, universities, and the legislature must be made from recycled material that maximizes postconsumer material content.
• (3) The state shall, to the maximum extent possible, purchase for use by state agencies paper and paper products that contain postconsumer material rather than new material.

Title 90. Planning, Research, and Development
90-5-114. Preference of Montana labor.
(1) Any contract to construct a project financed pursuant to this part must require all contractors to give preference to the employment of bona fide Montana residents, as defined in 18-2-401, in the performance of the work on the projects if their qualifications are substantially equal to those of nonresidents. "Substantially equal qualifications" means the qualifications of two or more persons among whom the employer cannot make a reasonable determination that the qualifications held by one person are significantly better suited for the position than the qualifications held by the other persons.

Nebraska

Nebraska Revised Statutes - http://nebraskalegislature.gov/laws/laws.php

Chapter 73. Public Lettings and Contracts
73-101.01. Resident bidder, defined; preference.
When a public contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference over a nonresident bidder from a state which gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. Resident bidder as used in sections 73-101.01 and 73-101.02 shall mean any person, partnership, foreign or domestic limited liability company, association, or foreign or domestic corporation authorized to engage in business in the State of Nebraska and which has met the residency requirement of the state of the nonresident bidder necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced or has had a bona fide establishment for doing business within this state for the length of time established by the state of the nonresident bidder necessary for receiving the benefit of that state's preference law on the date when any bid for a public contract is first advertised or announced. Any contract entered into without compliance with sections 73-101.01 and 73-101.02 shall be null and void.

73-101.02. Resident bidder; preference; exception.
The provisions of section 73-101.01 shall not apply to any contract for any project upon which federal funds would be withheld because of the provisions of sections 73-101.01 and 73-101.02.

Chapter 81. State Administrative Departments
81-15,159. Legislative findings and intent; state purchases; preference requirements.
(2) It is the intent of the Legislature that the state, as a major consumer and an example for others, should assist resource recovery by making a concerted effort to use recyclable and recycled products and encourage other levels of government and the private sector to follow its example. When purchasing products, materials, or supplies for use by the State of Nebraska, the Department of Administrative Services, the University of Nebraska, and any other state agency making such purchases shall give preference to and purchase products, materials, and supplies which are manufactured or produced from recycled material or which can be readily reused or recycled after their normal use. Preference shall also be given to the purchase of corn-based biodegradable plastics and road deicers, depending on the availability and suitability of such products. Such preference shall not operate when it would result in the purchase of products, materials, or supplies which are of inadequate quality or substantially higher cost.

Nevada

Nevada Revised Statutes - http://www.leg.state.nv.us/NRS/Index.cfm

Chapter 332. Purchasing: Local Governments
NRS 332.065 Award of contract for which bids have been advertised or requested: Lowest responsive and responsible bidder; preference given to recycled products; reawarding contract.

• 1. If a governing body or its authorized representative has advertised for or requested bids in letting a contract, the governing body or its authorized representative must, except as otherwise provided in subsection 2, award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder may be judged on the basis of:
  • (a) Price;
  • (b) Conformance to specifications;
  • (c) Qualifications;
  • (d) Past performance;
  • (e) Performance or delivery date;
  • (f) Quality and utility of services, supplies, materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract;
  • (g) The best interests of the public; and
  • (h) Such other criteria as may be set forth by the governing body or its authorized representative in the advertisement or request for bids, as applicable, that pertains to the contract.
• 2. The governing body or its authorized representative:
  • (a) Shall give preference to recycled products if:
    • (1) The product meets the applicable standards;
    • (2) The product can be substituted for a comparable nonrecycled product; and
    • (3) The product costs no more than a comparable nonrecycled product.
  • (b) May give preference to recycled products if:
    • (1) The product meets the applicable standards;
    • (2) The product can be substituted for a comparable nonrecycled product; and
    • (3) The product costs no more than 5 percent more than a comparable nonrecycled product.
  • (c) May purchase recycled paper products if the specific recycled paper product is:
    • (1) Available at a price which is not more than 10 percent higher than that of paper products made from virgin material;
    • (2) Of adequate quality; and
    • (3) Available to the purchaser within a reasonable period.

Chapter 333. Purchasing: State
NRS 333.300 Notices of proposed purchases; purchase by formal contract; preferences; emergency purchases.

• 4. In awarding contracts for the purchase of supplies, materials and equipment, if two or more lowest bids are identical, the Chief shall:
  • (a) If the lowest bids are by bidders resident in the State of Nevada, accept the proposal which, in his discretion, is in the best interests of this State.
  • (b) If the lowest bids are by bidders resident outside the State of Nevada:
    • (1) Accept the proposal of the bidder who will furnish goods or commodities produced or manufactured in this State; or
    • (2) Accept the proposal of the bidder who will furnish goods or commodities supplied by a dealer resident in the State of Nevada.

NRS 333.336 Inverse preference imposed on certain bidders resident outside State of Nevada.
For the purpose of awarding a contract pursuant to this chapter, if a person who submits a bid or proposal:

• 1. Is a resident of a state other than the State of Nevada; and
• 2. That other state, with respect to contracts awarded by that other state or agencies of that other state, applies to bidders or contractors who are residents of that state a preference which is not afforded to bidders or contractors who are residents of the State of Nevada, the person or entity responsible for awarding the contract pursuant to this chapter shall, insofar as is practicable, increase the person's bid or proposal by an amount that is substantially equivalent to the preference that the other state of which the person is a resident denies to bidders or contractors who are residents of the State of Nevada.

NRS 333.410 Quotations to be secured from state institutions; preference to products.
So far as practicable, quotations shall be secured from institutions of the State whenever commodities or services are to be secured of kinds that they are prepared to supply through the labor of inmates, and preference shall be given to the products of such institutions, price, quality and time of delivery being considered.

NRS 333.4606 Chief of Purchasing Division to revise specifications for procuring goods and products; preference to purchase recycled products; conditions under which bidder whose product contains postconsumer waste deemed lowest bidder.

• 2. When purchasing goods and products for the using agencies, the Chief shall give preference to recycled products if:
  • (a) The product meets the applicable standards;
  • (b) The product can be substituted for a comparable nonrecycled product; and
  • (c) The product costs no more than a comparable nonrecycled product.
• 3. When purchasing goods and products for the using agencies, the Chief may give preference to recycled products if:
  • (a) The product meets the applicable standards;
  • (b) The product can be substituted for a comparable nonrecycled product; and
  • (c) The product costs no more than 5 percent more than a comparable nonrecycled product.
• 4. To encourage the use of postconsumer waste, a bidder who manufactures a product in Nevada that contains postconsumer waste shall be deemed to be the lowest bidder if:
  • (a) At least 50 percent of the product, by weight, contains postconsumer waste;
  • (b) The product complies with the applicable standards; and
  • (c) The amount of the bid is not more than 10 percent higher than the bid of any other bidder.

NRS 333.4609 Regulations to give preference to purchase of recycled paper products; purchase of recycled paper products by Chief of Purchasing Division.

• 2. When purchasing any paper or paper products for use by a using agency, the Chief shall purchase recycled paper products if the specific recycled paper product is:
  • (a) Available at a price not more than that of paper products made from virgin material;
  • (b) Of adequate quality; and
  • (c) Available to the purchaser within a reasonable period.
• 3. When purchasing any paper or paper products for use by a using agency, the Chief may purchase recycled paper products if the specific recycled paper product is:
  • (a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;
  • (b) Of adequate quality; and
  • (c) Available to the purchaser within a reasonable period.

Chapter 386. Local Administrative Organization
NRS 386.418 Duties of person authorized to purchase supplies, materials, goods, paper and other products for school district.

• 1. Except as otherwise provided in this section, the person authorized to purchase supplies and materials for each school district shall, when purchasing goods and products for use by the school district, give preference to recycled products if:
  • (a) The product meets the applicable standards;
  • (b) The product can be substituted for a comparable nonrecycled product; and
  • (c) The product costs no more than a comparable nonrecycled product.
• 2. When purchasing goods and products for use by the school district, the person authorized to make such purchases may give preference to recycled products if:
  • (a) The product meets the applicable standards;
  • (b) The product can be substituted for a comparable nonrecycled product; and
  • (c) The product costs no more than 5 percent more than a comparable nonrecycled product.
• 3. When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases shall purchase recycled paper products if the specific recycled paper product is:
  • (a) Available at a price not more than that of paper products made from virgin material;
  • (b) Of adequate quality; and
  • (c) Available to the purchaser within a reasonable period.
  .
• 4. When purchasing any paper or paper products for use by the school district, the person authorized to make such purchases may purchase recycled paper products if the specific recycled paper product is:
  • (a) Available at a price not more than 10 percent higher than that of paper products made from virgin material;
  • (b) Of adequate quality; and
  • (c) Available to the purchaser within a reasonable period.

New Hampshire

New Hampshire Revised Statutes - http://www.gencourt.state.nh.us/rsa/html/indexes/default.html

No preferences.

New Jersey

New Jersey Administrative Code - http://www.lexisnexis.com/hottopics/njcode/

Title 17. Chapter 12. Division of Purchase and Property: Purchase Bureau and Contract Compliance and Administration Unit; Surplus Property Unit, Computer Distribution Program
§ 17:12-2.13. Preference laws; out-of-State vendors

• (a) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  • "In-State preference" means a procedure established by statute, rule, regulation or practice whereby a state or local government procurement agency gives a bidder an advantage in the evaluation of bids based on whether the bidder maintains its principal place of business within the borders of the state or locality, and includes any advantage given to a bidder based on whether the goods or services offered in a bid were produced, manufactured, mined or grown within the borders of the state or locality.
  • "Out-of-State bidder" means a bidder which does not have a regular place of business in New Jersey.
  • "Principal place of business" means a bidder's office, factory, warehouse or other space which is recognized by a state or local government as the basis for applying an in-State preference in favor of the bidder.
  • "Regular place of business" means a bona fide office, factory, warehouse or other space which is regularly maintained by the bidder, occupied by one or more of the bidder's employees and used in carrying on the bidder's business. The maintenance of a temporary job site or field office in New Jersey, the storage of goods in New Jersey, and the employment of an independent agent or subcontractor in New Jersey do not, individually or combined, constitute regular place of business.
• (b) Pursuant to the provisions of N.J.S.A. 52:32-1.4 et seq., the Director shall apply on a reciprocal basis against an out-of-State bidder any in-State preference which is applied in favor of that bidder by the state or locality in which the bidder maintains its principal place of business.
• (e) The Director shall also apply in-State preference in the evaluation of bids whenever a bid is received from an out-of-State bidder where residential preference statutes, rules, regulations, or practices exist in political sub-divisions of a state. It shall be the responsibility of the bidder or bidders for a specific procurement to provide written evidence to the Director of the existence of such local government preference rules, regulations, ordinances, charters, or practices either with the bidder's proposal or within five business days of the public bid opening. Written evidence that is not provided to the Director within five business days of the public bid opening may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.
• (f) Consistent with the procedures and practices of the Division of Purchase and Property, the Director shall reasonably apply any reciprocal in-State preference in a similar manner and to similar effect as the other state or locality. Where an in-state preference is applied by another state or locality in the form of a percentage which is added to or subtracted from bidders' prices, markups or discounts, the Director shall similarly apply the same percentage against an affected out-of-State bidder. Where an in-state preference is applied by another state or a locality in the form of a categorical rejection of certain bids, the Director shall apply a similar categorical rejection against an affected out-of-State bidder.
• (h) The Director may waive a reciprocal in-State preference on a specific procurement where such waiver would be in the best interests of the State, including where the resulting prices for goods and services would exceed the reasonable estimate of the using agency or would otherwise be unreasonably high, or where the State is entering into a long-term contract or a contract for large quantities of goods or services.
• (i) The Director shall, as necessary, waive a reciprocal in-State preference on procurements supported by Federal funds where Federal rules prohibit the use of residential preference.
• (j) The Director may waive reciprocal in-State preference when the action would result in an award to a vendor which has a poor record of complaints or contract terminations pursuant to 17:12-4.
• (k) The Director may waive reciprocal in-State preference when a public exigency requires the immediate delivery of articles or performance of the service.

New Mexico

New Mexico Administrative Code - http://www.nmcpr.state.nm.us/nmac/index.htm

Title 1. Chapter 4. State Procurement
1.4.1.25 STATUTORY PREFERENCES:
Statutory preferences to be applied in determining low bidder. New Mexico law provides certain statutory preferences to resident businesses, resident manufacturers, New York state business enterprises, and for recycled content goods (Sections 13-1-21 and 13-1-22 NMSA 1978). The statute further provides a preference to resident construction contractors and New York state business enterprises (Sections 13-4-1 through 13-4-3 NMSA 1978) which must be applied in determining the lowest bidder.

Part 2 Resident Business and Manufacturer Preferences
1.4.2.2 Scope:
All executive branch state agencies

• A. Applicability. Except as provided in Subsection 2.2 [now Subsection B of 1.4.2.2 NMAC], this rule applies to all competitive-sealed-bid procurements and all competitive-price-quote small purchases by state agencies and local public bodies.
• B. Inapplicability. This rule does not apply in the following situations:
  • (1) when a procurement method other than competitive sealed bids (or competitive price quotes for small purchases) is used; or
  • (2) when a public works construction contract is being procured; or
  • (3) when the expenditure of federal funds designated for a specific purchase is involved; or
  • (4) for any bid price greater than five million dollars ($5,000,000).

1.4.2.7 Definitions:

• A. "Affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity.
• B. "Principal place of business" means the place in which a business:
  • (1) earns the largest percentage of its revenues; and
  • (2) owns the largest percentage of its capital assets; and
  • (3) employs the largest percentage of its full-time equivalent employees. A business can have only one principal place of business.
• C. "Resident business" means a New Mexico resident business or a New York state business enterprise.
• D. "New Mexico resident business" means a business which, at the time a contract is awarded, is authorized to do and is doing business under the laws of this state and:
  • (1) maintains its principal place of business in this state; or
  • (2) has staffed an office in this state and has paid applicable state taxes for two years prior to the awarding of the contract and has five or more employees who are residents of this state; or
  • (3) is an affiliate of a business which meets the requirements of Paragraph 7.4.1. or Paragraph 7.4.2 [now Paragraph (1) or (2) of Subsection D of 1.4.2.7 NMAC] above.
• E. "New York state business enterprise" means a business enterprise, including sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state.
• F. "Resident manufacturer" means a person who offers materials grown, produced, processed or manufactured wholly in the state; provided, however, that a New York state business enterprise shall be deemed to be a resident manufacturer solely for the purpose of evaluating the New York state business enterprise's bid against the bid of a resident manufacturer that is not a New York state business enterprise.
• G. "Recycled content goods" means supplies and materials composed in whole or in part of recycled materials; provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications.
• H. "Virgin content goods" means supplies and materials that are wholly composed of nonrecycled materials or do not meet minimum recycled content standards required by bid specifications.

1.4.2.8 Application of Preferences:

• A. Bids from nonresident businesses and resident businesses. When bids are received only from nonresident businesses and resident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident bidder is made lower than the bid price of the nonresident business when multiplied by a factory [sic] of 0.95.
• B. Bids from nonresident businesses and resident manufacturers. When bids are received only from nonresident businesses and resident manufacturers and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the nonresident business when multiplied by a factor of 0.95.
• D. Bids from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a resident business. When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a resident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low resident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the resident business when multiplied by a factor of 0.95.
• E. Bids from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a nonresident business. When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is evaluated as lower than the bid price of the nonresident business when multiplied by a factor of 0.95. If there is no resident manufacturer eligible for award under this provision, then the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident business is made lower than the bid price of the nonresident business when multiplied by a factor of 0.95.
  • (1) When bids are received for virgin content goods only or for recycled content goods only, Subsections 8.3 and 8.4 [now Subsections C and D of 1.4.2.8 NMAC] shall apply.
  • (2) When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for virgin content goods, the contract shall be awarded to:
    • (a) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of.90 is made lower than the otherwise low virgin content goods bid price;
    • (b) a resident business offering a bid on recycled content goods of equal quality if:
      • (i) the bid price of no resident manufacturer following application of the preference allowed in 8.5.2.1 of this subsection [now Subparagraph (a) of Paragraph (2) of Subsection E of 1.4.1.8 NMAC] can be made sufficiently low; and
      • (ii) the lowest bid price of the resident business when multiplied by a factor of.90 is made lower than the otherwise low virgin content goods bid price; or
    • (c) a nonresident business or nonresident manufacturer offering recycled content goods of equal quality if:
      • (i) the bid price of no resident business or resident manufacturer following application of the preference allowed in 8.5.2.1 or 8.5.2.2 of this subsection [now Subparagraph (a) or (b) of Paragraph (2) of Subsection E of 1.4.2.8 NMAC] can be made sufficiently low; and
      • (ii) the lowest bid price of a nonresident offering recycled content goods when multiplied by a factor of.95 is made lower than the otherwise low virgin content bid price.
  • (3) When bids are received for both recycled content goods and virgin content goods, and the lowest responsible bid is for recycled content goods offered by a nonresident business or nonresident manufacturer, the contract shall be awarded to:
    • (a) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of.95 is made lower than the otherwise low recycled content goods bid price; or
    • (b) a resident business offering a bid on recycled content goods of equal quality if:
      • (i) the bid price of no resident manufacturer following application of the preference allowed in 8.5.3.1 of this subsection can be made sufficiently low; and
      • (ii) the lowest bid price of the resident business when multiplied by a factor of.95 is made lower than the otherwise low recycled content goods bid price offered by a nonresident business or manufacturer.

Part 3 Resident Contractor Preference
1.4.3.2 Scope:
All executive Branch State Agencies.

• A. General applicability. This rule applies to all public works construction procurements by state agencies and local public bodies.
• B. Federal funds. This rule does not apply to federal aid construction projects or when federal funds designated for a specific contract are expended.

1.4.3.7 Definitions:

• A. "Affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with a telecommunications company through ownership of voting securities representing a majority of the total voting power of that entity.
• B. "Individual citizen" means a citizen of New Mexico who is an actual human person, as opposed to a corporate person or other legal entity.
• C. "Principal office" means the headquarters of a business or the place where the principal affairs of a business are transacted. A business can have only one principal office.
• D. "Principal place of business" means the place in which a business:
  • (1) earns the largest percentage of its revenues;
  • (2) owns the largest percentage of its capital assets; and
  • (3) employs the largest percentage of its full-time equivalent employees. A business can have only one principal place of business.
• E. "Resident Contractor" means a New Mexico resident contractor or a New York state business enterprise.
• F. "New Mexico resident contractor" means a construction contractor which, at the time a public works construction contract is advertised for bids and at the time bids are opened, has all required licenses and meets the following requirements:
  • (1) if the contractor is a corporation, it shall be incorporated in new Mexico, and maintain its principal office and place of business in New Mexico.
  • (2) if the contractor is a partnership, general or limited, or other legal entity, it shall maintain its principal office and place of business in New Mexico.
  • (3) if the contractor is an individual, he shall maintain his principal office and place of business in New Mexico; or
  • (4) if the contractor is a public telecommunications company as defined by Section 63-9A-3 (M) NMSA 1978 or an affiliate of a telecommunications company and has paid unemployment compensation to the Employment Security Division of the Labor Department at the applicable experience rate for that employer pursuant to the New Mexico Unemployment Compensation Law on no fewer than ten employees who have performed services subject to contributions for the two-year period prior to issuance of notice to bid, the contractor will be considered to have fulfilled the requirements of paragraphs (1), (2), or (3) of this subSection. A successor to a previously qualified New Mexico contractor or resident contractor, where the creation of the successor resulted from a court order, is entitled to credit for qualifying contributions paid by the previously qualified new Mexico contractor or resident contractor.
• G. "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise, including sole proprietorship, partnership or corporation, that has its principal place of business in New York state.

1.4.3.8 Application of Preferences:

• A. Bids from nonresident contractors and resident contractors. When bids are received only from nonresident contractors and resident contractors and the lowest responsible bid is from a nonresident contractor, the contract shall be awarded to the resident contractor whose bid is nearest to the bid price of the otherwise low nonresident contractor if the bid price of the resident contractor is made lower than the bid price of the nonresident contractor when multiplied by a factor of 0.95. Any contract executed in violation of this subSection shall be void and of no effect.
• B. Resident business and resident manufacturer preferences inapplicable. The resident contractor preference is the only bidding preference that applies to the awarding of public works construction contracts. The resident business preference and the resident manufacturer preference shall not be considered in the awarding of such contracts under any circumstances.

New Mexico Statutes - http://www.conwaygreene.com/nmsu/lpext.dll?f=templates&fn=main-h.htm&2.0

Chapter 13. Public Purchases and Property
Article 1. Procurement
13-1-21. Application of preferences.

• A. For the purposes of this section:
  • (1) "resident business" means a New Mexico resident business or a New York state business enterprise;
  • (2) "New Mexico resident business" means a business that is authorized to do and is doing business under the laws of this state and:
    • (a) that maintains its principal place of business in the state;
    • (b) has staffed an office and has paid applicable state taxes for two years prior to the awarding of the bid and has five or more employees who are residents of the state; or
    • (c) is an affiliate of a business that meets the requirements of Subparagraph (a) or (b) of this paragraph. As used in this section, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity;
  • (3) "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state;
  • (4) "resident manufacturer" means a person who offers materials grown, produced, processed or manufactured wholly in the state; provided, however, that a New York state business enterprise shall be deemed to be a resident manufacturer solely for the purpose of evaluating the New York state business enterprise's bid against the bid of a resident manufacturer that is not a New York state business enterprise;
  • (5) "recycled content goods" means supplies and materials composed in whole or in part of recycled materials; provided that the recycled materials content meets or exceeds the minimum content standards required by bid specifications; and
  • (6) "virgin content goods" means supplies and materials that are wholly composed of nonrecycled materials or do not meet minimum recycled content standards required by bid specification.
• B. When bids are received only from nonresident businesses and resident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident bidder is made lower than the bid price of the nonresident business when multiplied by a factor of.95.
• C. When bids are received only from nonresident businesses and resident manufacturers and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the nonresident business when multiplied by a factor of.95.
• E. When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a resident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low resident business bidder if the bid price of the resident manufacturer is made lower than the bid price of the resident business when multiplied by a factor of.95.
• F. When bids are received from resident manufacturers, resident businesses and nonresident businesses and the lowest responsible bid is from a nonresident business, the contract shall be awarded to the resident manufacturer whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident manufacturer is evaluated as lower than the bid price of the nonresident business when multiplied by a factor of.95. If there is no resident manufacturer eligible for award under this provision, then the contract shall be awarded to the resident business whose bid is nearest to the bid price of the otherwise low nonresident business bidder if the bid price of the resident business is made lower than the bid price of the nonresident business when multiplied by a factor of.95.
• G. When bids are received for virgin content goods only or for recycled content goods only, Subsections B through F of this section shall apply.
• H. When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for virgin content goods, the contract shall be awarded to:
  • (1) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of.90 is made lower than the otherwise low virgin content goods bid price;
  • (2) a resident business offering a bid on recycled content goods of equal quality if:
    • (a) the bid price of no resident manufacturer following application of the preference allowed in Paragraph (1) of this subsection can be made sufficiently low; and
    • (b) the lowest bid price of the resident business when multiplied by a factor of.90 is made lower than the otherwise low virgin content goods bid price; or
  • (3) a nonresident business or nonresident manufacturer offering recycled content goods of equal quality if:
    • (a) the bid price of no resident business or resident manufacturer following application of the preference allowed in Paragraph (1) or (2) of this subsection can be made sufficiently low; and
    • (b) the lowest bid price of a nonresident offering recycled content goods when multiplied by a factor of.95 is made lower than the otherwise low virgin content bid price.
• I. When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for recycled content goods offered by a nonresident business or nonresident manufacturer, the contract shall be awarded to:
  • (1) a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of.95 is made lower than the otherwise low recycled content goods bid price; or
  • (2) a resident business offering a bid on recycled content goods of equal quality if:
    • (a) the bid price of no resident manufacturer following application of the preference allowed in Paragraph (1) of this subsection can be made sufficiently low; and
    • (b) the lowest bid price of the resident business when multiplied by a factor of.95 is made lower than the otherwise low recycled content goods bid price offered by a nonresident business or manufacturer.
• J. When bids are received for both recycled content goods and virgin content goods and the lowest responsible bid is for recycled content goods offered by a resident business, the contract shall be awarded to a resident manufacturer offering the lowest bid on recycled content goods of equal quality if the bid price of the resident manufacturer when multiplied by a factor of.95 is made lower than the otherwise low recycled content goods bid price.
• K. This section shall not apply when the expenditure of federal funds designated for a specific purchase is involved or for any bid price greater than five million dollars ($5,000,000).
• L. The provisions of this section shall not apply to the purchase of buses from a resident manufacturer or a New Mexico resident business that manufactures buses in New Mexico. It is the purpose of this subsection to:
  • (1) allow any bus manufacturer or business that manufactures buses to compete openly for public procurement contracts in New Mexico without giving preference to a business based on the location of the place of manufacture of the buses;
  • (2) give resident manufacturers and New Mexico resident businesses that manufacture buses an equal opportunity to sell their buses in states that have reciprocal preference laws; and
  • (3) eliminate all different treatment of any kind under New Mexico law and by all political jurisdictions in the state between New Mexico resident businesses and manufacturers that manufacture buses and businesses in other states that manufacture and sell buses.

13-1-21.2. Equal procurement access for New York businesses.

• A.Certain recent amendments to the New York state procurement statutes have the effect of prohibiting New Mexico businesses from selling goods or providing services to New York state and local governments and quasi-governmental entities. This act eliminates all differential treatment of any kind between New York state business enterprises and New Mexico businesses in New Mexico procurement and thereby negates the application to New Mexico businesses of the New York amendments and protects the access of New Mexico businesses to the New York market.
• B. New York state business enterprises shall be treated as New Mexico resident businesses or resident manufactures [manufacturers] for all procurement purposes.

Article 4. Public Works Contracts
13-4-2. Resident contractor defined; application of preference.

• A. "Resident contractor" means a New Mexico resident contractor or a New York state business enterprise.
• B. "New Mexico resident contractor" means any person, firm, corporation or other legal entity if, at the time the contract is advertised for bids and at the time bids are opened, it has all required licenses and meets the following requirements:
  • (1) if the bidder is a corporation, it shall be incorporated in New Mexico and maintain its principal office and place of business in New Mexico;
  • (2) if the bidder is a partnership, general or limited, or other legal entity, it shall maintain its principal office and place of business in New Mexico;
  • (3) if the bidder is an individual, he shall maintain his principal office and place of business in New Mexico; or
  • (4) if a bidder who is a telecommunications company as defined by Subsection M of Section 63-9A-3 NMSA 1978 or an affiliate of a telecommunications company has paid unemployment compensation to the employment security division of the labor department at the applicable experience rate for that employer pursuant to the Unemployment Compensation Law [51-1-1 NMSA 1978] on no fewer than ten employees who have performed services subject to contributions for the two-year period prior to issuance of notice to bid, the bidder will be considered to have fulfilled the requirements of Paragraph (1), (2) or (3) of this subsection. A successor to a previously qualified New Mexico contractor or resident contractor, where the creation of the bidder resulted from a court order, is entitled to credit for qualifying contributions paid by the previously qualified New Mexico contractor or resident contractor.
• C. "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state.
• D. For purposes of this section, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with a telecommunications company through ownership of voting securities representing a majority of the total voting power of that entity.
• E. When bids are received only from nonresident contractors and resident contractors and the lowest responsible bid is from a nonresident contractor, the contract shall be awarded to the resident contractor whose bid is nearest to the bid price of the otherwise low nonresident contractor if the bid price of the resident contractor is made lower than the bid price of the nonresident contractor when multiplied by a factor of.95.

13-4-5. Use of New Mexico materials.

• A. In all public works within New Mexico, whether constructed or maintained by the state or by a department, a board, a commission of the state or by any political subdivision thereof, or in any construction or maintenance to which the state or any political subdivision thereof has granted aid, preference shall be given to materials produced, grown, processed or manufactured in New Mexico by citizens or residents of New Mexico or provided or offered by a New York state business enterprise, and such materials shall be used where they are deemed satisfactory for the intended use. In any case where, in the judgment of the different officers, boards, commissions or other authority in this state now or hereafter vested with the power of contracting for material used in the construction or maintenance of public works referred to in this section, it appears that an attempt is being made by producers, growers, processors or manufacturers in the state to form a trust or combination of any kind for the purpose of fixing or regulating the price of materials to be used in any public works to the detriment of or loss to the state, then the provisions of this section shall not apply.
• B. As used in this section, "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state.

13-4-7. [Use of New Mexico timber in public buildings required.]
In the construction, erection or repair of all of its public buildings and structures the state of New Mexico and all counties, municipalities and townships therein, and all agencies, bureaus or political divisions or subdivisions of the state government are hereby required to use, whenever the species of lumber necessary for such construction or repair work is available in this state, such species of lumber produced from the timber grown in the state of New Mexico; and no person employed to draw specifications therefor shall so word such specifications as to discriminate against any lumber produced from New Mexico as grown timber.

New York

New York State Consolidated Laws - http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

State Finance Law
Article 9. Contracts
§ 139-i. Obligations with respect to procurement contracts with New York state and foreign business enterprises.

• 1. As used in this section, the following terms shall have the following meanings, unless a different meaning appears from the context:
  • (a) "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which offers for sale, lease or other form of exchange, goods sought by the state agency or department and which are substantially produced outside New York state, or services sought by the state agency or department and which are substantially performed outside New York state.
  • (b) "New York state business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, goods which are sought by the state agency or department and which are substantially manufactured, produced or assembled in New York state, or services which are sought by the state agency or department and which are substantially performed within New York state.
  • (c) "New York resident" shall mean a natural person who maintains a fixed, permanent and principal home located within New York state and to which such person, whenever temporarily located, always intends to return.
  • (d) "Procurement contract" shall have the same meaning as that set forth in subdivision two of section one hundred forty-one of the economic development law.
• 2. In every state agency and department, the chief executive officer shall:
  • (a) notify the commissioner of economic development of the award of a procurement contract for the purchase of goods or services from a foreign business enterprise in an amount equal to or greater than one million dollars simultaneously with notifying the successful bidder therefore. No state agency or department shall thereafter enter into a procurement contract for said goods or services until at least fifteen days has elapsed, except for procurement contracts awarded on an emergency or critical basis, or where the commissioner of economic development waives the provisions of this sentence. The notification to the commissioner of economic development shall include the name, address and telephone and facsimile number of the foreign business enterprise, a brief description of the goods or services to be obtained pursuant to the proposed contract, the amount of the proposed procurement contract, the term of the proposed procurement contract, and the name of the individual at the foreign business enterprise or acting on behalf of the same who is principally responsible for the proposed procurement contract. Such notification shall be used by the commissioner of economic development solely to provide notification to New York state business enterprises of opportunities to participate as subcontractors and suppliers on such procurement contracts, to promote and encourage the location and development of new business in the state, to assist New York state business enterprises in obtaining offset credits from foreign countries, and to otherwise investigate, study and undertake means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of New York state business enterprises, industry and commerce.
  • (b) include in all bid documents provided to potential bidders a statement that information concerning the availability of New York state subcontractors and suppliers is available from New York state department of economic development, which shall include the directory of certified minority and women-owned businesses, and it is the policy of New York state to encourage the use of New York state subcontractors and suppliers, and to promote the participation of minority and women-owned businesses, where possible, in the procurement of goods and services.
  • (c) provide annually, on or before the first business day of June of each year, to the department of economic development information pertaining to procurement contracts entered into in an amount equal to or greater than one hundred thousand dollars by such agency or department during the previous year. Such information shall include the subject matter and value of such contracts, designation of each contractor as a New York state business enterprise or a foreign business enterprise, the process used to select such contractors, as well as the status of such contracts; and
  • (d) adopt policies to promote the participation by New York state business enterprises and New York state residents in procurement contracts, with the cooperation of the department of economic development and the community services division of the department of labor including, but not limited to, providing through cooperative efforts with contractors for the notification of New York state business enterprises of opportunities to participate as subcontractors and suppliers on procurement contracts in an amount estimated to be equal to or greater than one million dollars and for the notification of New York state residents of employment opportunities arising in New York state out of procurement contracts in an amount estimated to be equal to or greater than one million dollars; and promulgating procedures which will assure compliance by contractors with such notification. Once awarded the contract, such contractors shall document their efforts to encourage the participation of New York state business enterprises as suppliers and subcontractors on procurement contracts equal to or greater than one million dollars. Documented efforts by a successful contractor shall consist of and be limited to showing that such contractor has (a) solicited bids, in a timely and adequate manner, from New York state business enterprises including certified minority and women-owned business, or (b) contacted the New York state department of economic development to obtain listings of New York state business enterprises, or (c) placed notices for subcontractors and suppliers in newspapers, journals and other trade publications distributed in New York state, or (d) participated in bidder outreach conferences. If the contractor determines that New York state business enterprises are not available to participate on the contract as subcontractors or suppliers, the contractor shall provide a statement indicating the method by which such determination was made. If the contractor does not intend to use subcontractors on the contract, the contractor shall provide a statement verifying such intent. Such contractors shall also provide notification to New York state residents of employment opportunities through listing any such positions with the community services division, or providing for such notification in such manner as is consistent with existing collective bargaining contracts or agreements. On or before the effective date of this section, each state agency or department shall submit such policies to the division of the budget and copies thereof to the department of audit and control, the department of economic development, the senate finance committee and the assembly ways and means committee.
  • (e) include in each set of documents soliciting bids on procurement contracts to let by the state agency or department a statement notifying potential bidders located in foreign countries that the state agency or department may assign or otherwise transfer offset credits created by such procurement contract to third parties located in New York state; provide for the assignment or other form of transfer of offset credits created by such procurement contracts, directly or indirectly, to third parties located in New York state, in accordance with the written directions of the commissioner of economic development; and provide for the state agency or department to otherwise cooperate with the department of economic development in efforts to get foreign countries to recognize offset credits assigned or transferred to third parties located in New York state created by such procurement contracts.
  • (f) promulgate procedures which will assure compliance with the federal equal employment opportunity act of 1972 (P.L.92-261), as amended, by contractors of the state agency or department.

§ 146. Certain construction contracts involving steel. Notwithstanding any other provisions of law, all contracts over one hundred thousand dollars in value made and awarded by any department or agency of the state for the construction, reconstruction, alteration, repair, maintenance or improvement of any public works shall require that structural steel, reinforcing steel and/or other major steel items to be incorporated in the work of the contract shall be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this section shall not apply if the head of the department or agency constructing the public works, in his sole discretion, determines that such provisions would not be in the public interest, would result in unreasonable costs or that such steel cannot be produced or made in the United States in sufficient and reasonably available quantities and of satisfactory quality.

Article 11. State Purchasing
§ 162. Preferred sources.

• * 1. Purpose. To advance special social and economic goals, selected providers shall have preferred source status for the purposes of procurement in accordance with the provisions of this section. Procurement from these providers, except those defined in paragraph f of subdivision two of this section, shall be exempted from the competitive procurement provisions of section one hundred sixty-three of this article and other competitive procurement statutes. Such exemption shall apply to commodities produced, manufactured or assembled, including those repackaged to meet the form, function and utility required by state agencies, in New York state and, where so designated, services provided by those sources in accordance with this section.
• * NB Effective until September 1, 2008
• * 1. Purpose. To advance special social and economic goals, selected providers shall have preferred source status for the purposes of procurement in accordance with the provisions of this section. Procurement from these providers shall be exempted from the competitive procurement provisions of section one hundred sixty-three of this article and other competitive procurement statutes. Such exemption shall apply to commodities produced, manufactured or assembled, including those repackaged to meet the form, function and utility required by state agencies, in New York state and, where so designated, services provided by those sources in accordance with this section.
• * NB Effective September 1, 2008
• 2. Preferred status. Preferred status as prescribed in this section shall be accorded to:
• a. Commodities produced by the department of correctional services' correctional industries program and provided to the state pursuant to subdivision two of section one hundred eighty-four of the correction law;
• b. Commodities and services produced by any qualified charitable non-profit-making agency for the blind approved for such purposes by the commissioner of the office of children and family services;
• c. Commodities and services produced by any special employment program serving mentally ill persons, which shall not be required to be incorporated and which is operated by facilities within the office of mental health and is approved for such purposes by the commissioner of mental health;
• d. Commodities and services produced by any qualified charitable non-profit-making agency for other severely disabled persons approved for such purposes by the commissioner of education, or incorporated under the laws of this state and approved for such purposes by the commissioner of education;
• e. Commodities and services produced by a qualified veterans' workshop providing job and employment-skills training to veterans where such a workshop is operated by the United States department of veterans affairs and is manufacturing products or performing services within this state and where such workshop is approved for such purposes by the commissioner of education; or
• * f. Commodities provided by any qualified apparel manufacturer and contractor on the special September eleventh bidders registry, as added by section three hundred forty-nine of the labor law, approved for such purposes by the commissioner of labor, provided, however, that nothing in this paragraph shall affect or displace the preferences and priorities established in paragraphs a, b, c, d and e of this subdivision.
• * NB Repealed September 1, 2008
• * NB There are 2 par f's
• * f. Commodities and services produced by any qualified charitable non-profit-making workshop for veterans approved for such purposes by the commissioner of education, or incorporated under the laws of this state and approved for such purposes by the commissioner of education.
• * NB There are 2 par f's
• 4. Priority accorded preferred sources. Except as provided in the New York state printing and public documents law, priority among preferred sources shall be accorded as follows:
• a. (i) When commodities are available, in the form, function and utility required by a state agency, public authority, commission, public benefit corporation or political subdivision, said commodities must be purchased first from the department of correctional services' correctional industries program;
• (ii) When commodities are available, in the form, function and utility required by, a state agency or political subdivision or public benefit corporation having their own purchasing agency, and such commodities are not available pursuant to subparagraph (i) of this paragraph, said commodities shall then be purchased from approved charitable non-profit-making agencies for the blind;
• (iii) When commodities are available, in the form, function and utility required by, a state agency or political subdivision or public benefit corporation having their own purchasing agency, and such commodities are not available pursuant to subparagraphs (i) and (ii) of this paragraph, said commodities shall then be purchased from a qualified non-profit-making agency for other severely disabled persons, a qualified special employment program for mentally ill persons, or a qualified veterans' workshop;
• b. When services are available, in the form, function and utility required by, a state agency or political subdivision or public benefit corporation having their own purchasing agency, equal priority shall be accorded the services rendered and offered for sale by qualified non-profit-making agencies for the blind and those for the other severely disabled, by qualified special employment programs for mentally ill persons and by qualified veterans' workshops. In the case of services:
• (i) state agencies or political subdivisions or public benefit corporations having their own purchasing agency shall make reasonable efforts to provide a notification describing their requirements to those preferred sources, or to the facilitating entity identified in paragraph e of subdivision six of this section, which provide the required services as indicated on the official public list maintained by the office of general services pursuant to subdivision three of this section;
• (ii) if, within ten days of the notification required by subparagraph (i) of this paragraph, one or more preferred sources or facilitating entities identified in paragraph e of subdivision six of this section submit a notice of intent to provide the service in the form, function and utility required, said service shall be purchased in accordance with this section. If more than one preferred source or facilitating entity identified in paragraph e of subdivision six of this section submits notification of intent and meets the requirements, costs shall be the determining factor for purchase among the preferred sources;
• (iii) if, within ten days of the notification required by subparagraph (i) of this paragraph, no preferred source or facilitating entity identified in paragraph e of subdivision six of this section indicates intent to provide the service, then the service shall be procured in accordance with section one hundred sixty-three of this article. If, after such period, a preferred source elects to bid on the service, award shall be made in accordance with section one hundred sixty-three of this article or as otherwise provided by law.
• c. For the purposes of commodities and services produced by special employment programs operated by facilities approved or operated by the office of mental health, facilities within the office of mental health shall be exempt from the requirements of subparagraph (i) of paragraph a of this subdivision. When such requirements of the office of mental health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph a of this subdivision, or paragraph b of this subdivision, the office of mental health may purchase commodities and services which are competitive in price and comparable in quality to those which could otherwise be obtained in accordance with this article, from special employment programs operated by facilities within the office of mental health or other programs approved by the office of mental health.
• * 4-a. Priority in purchasing requirements for apparel or textiles.
  a. Definitions. As used in this section, the following terms shall have the following meanings:
• (i) "Apparel" or "textiles" shall mean all articles of clothing or goods produced by weaving, knitting, or felting or any similar production processes for such articles of clothing and shall include all goods produced by the apparel industry as defined by subdivision (c) of section three hundred forty of the labor law.
• (ii) "State" shall mean any New York state agency, department, board, bureau, commission, division, or any public benefit corporation or public authority a majority of whose members are appointed by the governor.
• b. Notwithstanding anything to the contrary, political subdivisions may adopt and apply the priority established herein by specifically including the provisions of this subdivision in their bid specifications.
• c. Conditions for participation in certain state contracts. In the event the state, as defined in subparagraph (ii) of paragraph a of this subdivision, seeks to purchase apparel or textiles pursuant to a competitive bid pursuant to section one hundred sixty-three of this article or other applicable competitive procurement statutes, the following additional conditions shall apply:
• (i) the bid shall include a statement that a state agency shall not enter into a contract to purchase or obtain for any purpose any apparel from a bidder unable or unwilling to provide documentation as part of its bid:
• (A) attesting that such apparel was manufactured in compliance with all applicable labor and occupational safety laws, including, but not limited to, child labor laws, wage and hour laws and workplace safety laws;
• (B) stating, if known, the name and address of each subcontractor to be utilized; and
• (C) stating, if known, all manufacturing plants utilized by the bidder or subcontractor.
• (ii) manufacturers and contractors identified on the special September eleventh bidders registry, as added by section three hundred forty-nine of the labor law, shall be a preferred source for purposes of a competitive bid and the associated contract award for apparel or textile procurements where the price bid by such participating qualified registrant bidder is not greater than fifteen percent more than the lowest price bid by an otherwise responsive and responsible bidder. Where there is more than one participating qualified registrant bidder, the state shall make the contract award based upon the lowest price bid among such bidders. For purposes of this subdivision, such preferred source status shall be applied to each item or product for which the bidder proposes to utilize a manufacturing location registered pursuant to section three hundred forty-nine of the labor law.
• (iii) where no qualified bidders under subparagraph (ii) of this paragraph participate in the competitive bid for the specified apparel or textiles the state shall award the contract to the otherwise lowest responsive and responsible bidder pursuant to section one hundred sixty-three of this article or other applicable competitive procurement statutes.
• d. Waiver. The provisions of this section may be waived by the head of any state agency, department, board, bureau, commission, division, or any public benefit corporation or public authority a majority of whose members are appointed by the governor where it is determined in writing and included in the procurement record that it is in the best interests of the state to do so.
• * NB Repealed September 1, 2008

§ 165. Purchasing restrictions.
4-a. Favored source status for New York state labelled wines. a. In order to advance specific economic goals, New York state labelled wines, as defined in subdivision twenty-a of section three of the alcoholic beverage control law, shall have favored source status for the purposes of procurement in accordance with the provisions of this subdivision. Procurement of these New York state labelled wines shall be exempt from the competitive procurement provisions of section one hundred sixty-three of this article and other competitive procurement statutes. Such exemption shall apply to New York state labelled wines as defined in subdivision twenty-a of section three of the alcoholic beverage control law produced by a licensed winery as defined in section seventy-six of the alcoholic beverage control law.

5. Nondiscrimination in employment in Northern Ireland.

• a. For the purposes of this subdivision "MacBride Fair Employment Principles" shall mean those principles relating to nondiscrimination in employment and freedom of work place opportunity which would require employers doing business in Northern Ireland to:
• (i) increase the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical and technical jobs;
• (ii) take steps to promote adequate security for the protection of employees from underrepresented religious groups both at the workplace and while traveling to and from work;
• (iii) ban provocative religious or political emblems from the work place;
• (iv) publicly advertise all job openings and make special recruitment efforts to attract applicants from underrepresented religious groups;
• (v) establish layoff, recall and termination procedures which do not in practice favor a particular religious group;
• (vi) abolish all job reservations, apprenticeship restrictions and differential employment criteria which discriminate on the basis of religion;
• (vii) develop training programs that will prepare substantial numbers of current employees from underrepresented religious groups for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade and improve the skills of workers from underrepresented religious groups;
• (viii) establish procedures to assess, identify and actively recruit employees from underrepresented religious groups with potential for further advancement; and
• (ix) appoint a senior management staff member to oversee affirmative action efforts and develop a timetable to ensure their full implementation.
• b. (i) With respect to contracts described in subparagraphs (ii) and (iii) of this paragraph, and in accordance with such subparagraphs, state agencies as defined in this article shall not contract for the supply of commodities, service or construction with any contractor who does not agree to stipulate to the following, if there is another contractor who will contract to supply commodities, services or construction of comparably quality at a comparable price or cost: the contractor and any individual or legal entity in which the contractor holds a ten percent or greater ownership interest and any individual or legal entity that holds a ten percent or greater ownership interest in the contractor either (A) have no business operations in Northern Ireland, or (B) shall make lawful steps in good faith to conduct any business operations they have in Northern Ireland in accordance with MacBride Fair Employment Principles, and shall permit independent monitoring of their compliance with such principles.
• (ii) In the case of contracts let by a competitive process, whenever the responsive and responsible offerer having the lowest price or best value offer has not agreed to stipulate to the conditions set forth in this subdivision and another responsive and responsible offerer who has agreed to stipulate to such conditions has submitted an offer within five percent of the lowest price or best value offer for a contract to supply commodities, services or construction of comparable quality, the contracting entity shall refer such offers to the commissioner of general services, who may determine, in accordance with applicable law and rules, that it is in the best interest of the state that the contract be awarded to other than the lowest price or best value offer.
• (iii) In the case of contracts let by other than a competitive process for goods or services involving an expenditure of an amount greater than the discretionary buying threshold as specified in section one hundred sixty-three of this article, or for construction involving an amount greater than fifteen thousand dollars, the contracting entity shall not award to a proposed contractor who has not agreed to stipulate to the conditions set forth in this subdivision unless the entity seeking to use the commodities, services or construction determines that the commodities, services or construction are necessary for the entity to perform its functions and there is no other responsible contractor who will supply commodities, services or construction of comparable quality at a comparable price. Such determinations shall be made in writing and shall be public documents.
• c. Upon receiving information that a contractor who has made the stipulation required by this subdivision is in violation thereof, the contracting entity shall review such information and offer the contractor an opportunity to respond. If the contracting entity finds that a violation has occurred, it shall take such action as may be appropriate and provided for by law, rule or contract, including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the contractor in default.
• d. As used in this subdivision, the term "contract" shall not include contracts with governmental and non-profit organizations, contracts awarded pursuant to emergency procurement procedures or contracts, resolutions, indentures, declarations of trust or other instruments authorizing or relating to the authorization, issuance, award, sale or purchase of bonds, certificates of indebtedness, notes or other fiscal obligations, provided that the policies of this subdivision shall be considered when selecting a contractor to provide financial or legal advice, and when selecting managing underwriters in connection with such activities.
• e. The provisions of this subdivision shall not apply to contracts for which the state or other contracting entity receives funds administered by the United States department of transportation, except to the extent Congress has directed that the department of transportation not withhold funds from states and localities that choose to implement selective purchasing policies based on agreement to comply with the MacBride Fair Employment Principles, or to the extent that such funds are not otherwise withheld by the department of transportation.

6. Special provisions relating to retaliating against other jurisdictions which discriminate against New York state enterprises in their procurement of products and services.

• a. As used in this subdivision, the following terms shall have the following meanings unless a different meaning appears from the context:
• (i) "Discriminatory jurisdiction" shall mean any other country, nation, province, state or political subdivision thereof which employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York state business enterprise in the procurement of commodities and services by the same or a non-governmental entity influenced by the same. Such discrimination may include, but is not limited to, any law, regulation, procedure or practice, terms of license, authorization, or funding or bidding rights which requires or encourages any agency or instrumentality of the state or political subdivision thereof or nongovernmental entity influenced by the same to discriminate against a New York state business enterprise.
• (ii) "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale, lease or other form of exchange, commodities sought by any state agency and which are substantially produced outside New York state or services, other than construction services, sought by any state agency and which are substantially performed outside New York state. For purposes of construction services, foreign business enterprise shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which has its principal place of business outside New York state.
• (iii) "New York state business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, commodities which are substantially manufactured, produced or assembled in New York state, or services, other than construction services, which are substantially performed within New York state. For purposes of construction services, a New York state business enterprise shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which has its principal place of business in New York state.
• b. The commissioner of economic development shall have the power and it shall be his or her duty to prepare a list of all discriminatory jurisdictions. The commissioner of economic development shall add to or delete from said list any jurisdiction upon good cause shown. The commissioner of economic development shall deliver a copy of the list to the commissioner, all state agencies, and every public authority and public benefit corporation, a majority of the members of which consist of persons either appointed by the governor or who serve as members by virtue of holding a civil office of the state, or a combination thereof.
• c. In including any additional business enterprises on solicitations for the procurement of commodities or services, the commissioner and all state agencies shall not include any foreign business enterprise which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to paragraph b of this subdivision, except, however, business enterprises which are New York state business enterprises as defined by this subdivision.
• d. A state agency shall not enter into a contract with a foreign business enterprise, as defined by this subdivision, which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to paragraph b of this subdivision. The provisions of this paragraph and paragraph c of this subdivision may be waived by the head of the state agency if the head of the state agency determines in writing that it is in the best interests of the state to do so. The head of the state agency shall deliver each such waiver to the commissioner of economic development.
• e. The commissioner may waive the application of the provisions of paragraph c of this subdivision whenever he or she determines in writing that it is in the best interests of the state to do so.

Public Authorities Law
Article 9. General Provisions
* § 2603-a. Letting of certain contracts involving steel products.

• 1. Notwithstanding any other provision of law, all public authorities shall award contracts involving steel products as follows:
• a. All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States-Canadian trade agreements known as the "Automotive Products Trade Act of 1965" or any amendments thereto.
• b. All contracts in excess of one hundred thousand dollars for the construction, reconstruction, alteration, repair, maintenance or improvement of public works shall require that all structural steel, reinforcing steel or other major steel items to be incorporated in the work of the contract shall be produced or made in whole or substantial part in the United States, its territories or possessions.
• 2. The provisions of this section shall not apply if the governing board or body of such public authority, in its discretion, determines that such provisions would result in unreasonable costs or that such steel products or steel components cannot be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design.
• * NB (Should be renumbered 2877-a)

§ 2878-a. Purchasing of products.
1. All products purchased shall be recycled products, which meet contract specifications, unless the only available product does not contain recycled content, and provided that the cost of the recycled product does not exceed a cost premium of ten percent above the cost of a comparable product that is not a recycled product or, if at least fifty percent of the secondary materials utilized in the manufacture of that product are generated from the waste stream in New York state, the cost of the recycled product does not exceed a cost premium of fifteen percent above the cost of a comparable product that is not a recycled product. For the purpose of this section and until July first, nineteen hundred ninety-six, "recycled product" shall mean any product which has been manufactured from secondary materials, as defined in subdivision one of section two hundred sixty-one of the economic development law, and meets secondary material content requirements adopted by the office of general services under subdivision one of section one hundred seventy-seven of the state finance law for products available to the public authority under state contract or, if no such contract for such product is available to the public authority, any product which meets the secondary material content requirements adopted by the public authority with respect to a specific commodity procurement by the public authority. On and after July first, nineteen hundred ninety-six, "recycled product" shall mean, for the purposes of this section, any product which has been manufactured from secondary materials, as defined in subdivision one of section two hundred sixty-one of the economic development law, and which meets the requirements of subdivision two of section 27-0717 of the environmental conservation law and regulations promulgated pursuant thereto.

§ 2879. Procurement contracts.

• 2. For purposes of this section, procurement contracts shall mean any written agreement for the acquisition of goods or services of any kind, in the actual or estimated amount of five thousand dollars or more.
• 3. The guidelines approved by the corporation shall include, but not be limited to the following:
• (c) An identification of those areas or types of contracts for which minority or women-owned business enterprises may best bid so as to promote and assist participation by such enterprises and facilitate a fair share of the awarding of contracts to such enterprises. For the purposes of this section, a minority business enterprise means any business enterprise, including a sole proprietorship, partnership or corporation that is:
• (i) at least fifty-one percent owned by one or more minority group members or in the case of a publicly-owned business at least fifty-one percent of the common stock or other voting interests of which is owned by one or more minority group members;
• (ii) an enterprise in which the minority ownership is real, substantial and continuing;
• (iii) an enterprise in which the minority ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and
• (iv) an enterprise authorized to do business in New York state, independently owned and operated, and not dominant in its field.
• (d) For the purposes of this section, a minority group member means a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:
• (i) Black persons having origins in any of the Black African racial groups not of Hispanic origin;
• (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, Central or South American of either Indian or Hispanic origin, regardless of race;
• (iii) Asian and Pacific Islander persons having origins in any of the Far East, Southeast Asia, the Indian sub-continent or the Pacific Islands; or
• (iv) Native American persons having origins in any of the original peoples of North America.
• (e) For the purposes of this section, a women-owned business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation which is:
• (i) at least fifty-one percent owned by one or more United States citizens or permanent resident aliens who are women or in the case of a publicly-owned business at least fifty-one percent of the common stock or other voting interests of which is owned by United States citizens or permanent resident aliens who are women;
• (ii) an enterprise in which the ownership interest of women is real, substantial and continuing;
• (iii) an enterprise in which the women ownership has and exercises the authority to control independently the day-to-day business decisions of the enterprise; and
• (iv) an enterprise authorized to do business in New York state, independently owned and operated, and not dominant in its field.
• (i) Policies to promote the participation by New York state business enterprises and New York state residents in procurement contracts, including, but not limited to:
• (i) providing for the corporation to collect and to consult the specifications of New York state business enterprises in developing specifications for any procurement contract for the purchase of goods where possible, practicable, feasible and consistent with open bidding, except for procurement contracts for which the corporation would be expending funds received from another state. The corporation shall, where feasible, make use of the stock item specification forms prepared by the commissioner of general services, and where necessary, consult with the commissioner of the office of general services, in developing such specifications and make such determinations; and
• (ii) with the cooperation of the department of economic development and through cooperative efforts with contractors, providing for the notification of New York state business enterprises of opportunities to participate as subcontractors and suppliers on procurement contracts let by the corporation in an amount estimated to be equal to or greater than one million dollars and promulgating procedures which will assure compliance by contractors with such notification. Once awarded the contract such contractors shall document their efforts to encourage the participation of New York state business enterprises as suppliers and subcontractors on procurement contracts equal to or greater than one million dollars. Documented efforts by a successful contractor shall consist of and be limited to showing that such contractor has (a) solicited bids, in a timely and adequate manner, from New York state business enterprises including certified minority and women-owned business, or (b) contacted the New York state department of economic development to obtain listings of New York state business enterprises, or (c) placed notices for subcontractors and suppliers in newspapers, journals and other trade publications distributed in New York state, or (d) participated in bidder outreach conferences. If the contractor determines that New York state business enterprises are not available to participate on the contract as subcontractors or suppliers, the contractor shall provide a statement indicating the method by which such determination was made. If the contractor does not intend to use subcontractors on the contract, the contractor shall provide a statement verifying such intent; and
• (iii) except for procurement contracts for which the corporation would be expending funds received from another state, the corporation shall include in all bid documents provided to potential bidders a statement that information concerning the availability of New York state subcontractors and suppliers is available from the New York state department of economic development, which shall include the directory of certified minority and women-owned businesses, and it is the policy of New York state to encourage the use of New York state subcontractors and suppliers, and to promote the participation of minority and women-owned businesses where possible, in the procurement of goods and services; and
• (iv) with the cooperation of the community services division of the department of labor and through cooperative efforts with contractors, providing for the notification of New York state residents of employment opportunities arising in New York state out of procurement contracts let by the corporation in an amount estimated to be equal to or greater than one million dollars; and promulgating procedures which will assure compliance by contractors with such notification by requiring contractors to submit post-award compliance reports documenting their efforts to provide such notification through listing any such positions with the community services division, or providing for such notification in such manner as is consistent with existing collective bargaining contracts or agreements; and
• (v) including in each set of documents soliciting bids on procurement contracts to let by the corporation a statement notifying potential bidders located in foreign countries that the corporation may assign or otherwise transfer offset credits created by such procurement contract to third parties located in New York state; providing for the assignment or other form of transfer of offset credits created by such procurement contracts, directly or indirectly, to third parties located in New York state, in accordance with the written directions of the commissioner of economic development; and providing for the corporation to otherwise cooperate with the department of economic development in efforts to get foreign countries to recognize offset credits assigned or transferred to third parties located in New York state created by such procurement contracts; and
• (vi) promulgating procedures which will assure compliance with the federal equal employment opportunity act of 1972 (P.L. 92-261), as amended, by contractors of the corporation.
• (j) For the purposes of this section, a "New York state business enterprise "means a business enterprise, including a sole proprietorship, partnership, or corporation, which offers for sale or lease or other form of exchange, goods which are sought by the corporation and which are substantially manufactured, produced or assembled in New York state, or services which are sought by the corporation and which are substantially performed within New York state.
• (k) For the purposes of this section, a "New York resident" means a natural person who maintains a fixed, permanent and principal home located within New York state and to which such person, whenever temporarily located, always intends to return.
• 5. (a) Each corporation shall notify the commissioner of economic development of the award of a procurement contract for the purchase of goods or services from a foreign business enterprise in an amount equal to or greater than one million dollars simultaneously with notifying the successful bidder therefor. No corporation shall thereafter enter into a procurement contract for said goods or services until at least fifteen days has elapsed, except for procurement contracts awarded on an emergency or critical basis, or where the commissioner of economic development waives the provisions of this sentence. The notification to the commissioner of economic development shall include the name, address and telephone and facsimile number of the foreign business enterprise, a brief description of the goods or services to be obtained pursuant to the proposed procurement contract, the amount of the proposed procurement contract, the term of the proposed procurement contract, and the name of the individual at the foreign business enterprise or acting on behalf of the same who is principally responsible for the proposed procurement contract. Such notification shall be used by the commissioner of economic development solely to provide notification to New York state business enterprises of opportunities to participate as subcontractors and suppliers on such procurement contracts, to promote and encourage the location and development of new business in the state, to assist New York state business enterprises in obtaining offset credits from foreign countries, and to otherwise investigate, study and undertake means of promoting and encouraging the prosperous development and protection of the legitimate interest and welfare of New York state business enterprises, industry and commerce.
• (b) As used in this section, the following terms shall have the following meanings, unless a different meaning appears from the context:
• (i) "Foreign business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which offers for sale, lease or other form of exchange, goods which are sought by the corporation and which are substantially produced outside New York state, or services, other than construction services, sought by the corporation which are substantially performed outside New York state. For purposes of construction services, foreign business enterprise shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which has its principal place of business outside New York state.
• (ii) "New York state business enterprise" shall mean a business enterprise, including a sole proprietorship, partnership or corporation, which offers for sale or lease or other form of exchange, goods which are sought by the corporation and which are substantially manufactured, produced or assembled in New York state, or services, other than construction services, which are sought by the corporation and which are substantially performed within New York state. For purposes of construction services, a New York state business enterprise shall mean a business enterprise, including a sole proprietorship, partnership, or corporation, which has its principal place of business in New York state.
• (iii) "Discriminatory jurisdiction" shall mean any other country, nation, province, state or political subdivision thereof which employs a preference or price distorting mechanism to the detriment of or otherwise discriminates against a New York state business enterprise in the procurement of goods and services by the same or a non-governmental entity influenced by the same. Such discrimination may include, but is not limited to, any law, regulation, procedure or practice, terms or license, authorization, or funding or bidding rights which requires or encourages any agency or instrumentality of the state or political subdivision thereof or non-governmental entity influenced by the same to discriminate against a New York state business enterprise.
• (c) In including any additional business enterprises on invitations to bid for the procurement of goods or services, the chief executive officer of the corporation shall not include any foreign business enterprise which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to subdivision six of section one hundred sixty-five of the state finance law, except, however, business enterprises which are New York state business enterprises as defined by this section. The corporation may waive the application of the provisions of this section whenever the chief executive officer of the corporation determines in writing that it is in the best interests of the state to do so. The chief executive officer of the corporation shall deliver each such waiver to the commissioner of economic development.
• (d) A corporation shall not enter into a contract with a foreign business enterprise which has its principal place of business located in a discriminatory jurisdiction contained on the list prepared by the commissioner of economic development pursuant to subdivision six of section one hundred sixty-five of the state finance law. The provisions of this section may be waived by the chief executive officer of the corporation if the chief executive officer of the corporation determines in writing that it is in the best interests of the state to do so. The chief executive officer of the corporation shall deliver each such waiver to the commissioner of economic development.

North Carolina

North Carolina General Statutes - http://www.ncleg.net/gascripts/Statutes/StatutesTOC.pl

Chapter 143. State Departments, Institutions, and Commissions
Article 3. Purchases and Contracts

§ 143 59. Preference given to North Carolina products and citizens, and articles manufactured by State agencies; reciprocal preferences.

• (a) Preference. - The Secretary of Administration and any State agency authorized to purchase foodstuff or other products, shall, in the purchase of or in the contracting for foods, supplies, materials, equipment, printing or services give preference as far as may be practicable to such products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina: Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided further, that preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution.
• (b) Reciprocal Preference. - For the purpose only of determining the low bidder on all contracts for equipment, materials, supplies, and services valued over twenty five thousand dollars ($25,000), a percent of increase shall be added to a bid of a nonresident bidder that is equal to the percent of increase, if any, that the state in which the bidder is a resident adds to bids from bidders who do not reside in that state. Any amount due under a contract awarded to a nonresident bidder shall not be increased by the amount of the increase added by this subsection. On or before January 1 of each year, the Secretary of Administration shall electronically publish a list of states that give preference to in State bidders and the amount of the percent increase added to out of state bids. All departments, institutions, and agencies of the State shall use this list when evaluating bids. If the reciprocal preference causes the nonresident bidder to no longer be the lowest bidder, the Secretary of Administration may, after consultation with the Board of Awards, waive the reciprocal preference. In determining whether to waive the reciprocal preference, the Secretary of Administration and the Board of Awards shall consider factors that include competition, price, product origination, and available resources.
• (c) Definitions. - The following definitions apply in this section:
  • (1) Resident bidder. - A bidder that has paid unemployment taxes or income taxes in this State and whose principal place of business is located in this State.
  • (2) Nonresident bidder. - A bidder that is not a resident bidder as defined in subdivision (1) of this subsection.
  • (3) Principal place of business. - The principal place from which the trade or business of the bidder is directed or managed.

§ 143 59.1A. Preference given to products made in United States.
If the Secretary of Administration or a State agency cannot give preference to North Carolina products or services as provided in G.S. 143 59, the Secretary or State agency shall give preference, as far as may be practicable and to the extent permitted by State law, federal law, and federal treaty, to products or services manufactured or produced in the United States. Provided, however, that in giving such preference no sacrifice or loss in price or quality shall be permitted; and provided further, that preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution.

§ 143 59.4. Contracts performed outside the United States.
(a) A vendor submitting a bid shall disclose in a statement, provided contemporaneously with the bid, where services will be performed under the contract sought, including any subcontracts, and whether any services under that contract, including any subcontracts, are anticipated to be performed outside the United States. Nothing in this section is intended to contravene any existing treaty, law, agreement, or regulation of the United States.

Note : Section 143-59 changed with the ratification of SL 2001-240 (House Bill 3) in 2001. The Act expires December 31, 2007. General Statutes for 2007 will not be available until mid-2008.

North Dakota

North Dakota Century Code - http://www.legis.nd.gov/information/statutes/cent-code.html

Title 43. Occupations and Professions
Chapter 43-07. Contractors

43-07-01. Definitions.
In this chapter, unless the context or subject matter otherwise requires:
2. "Nonresident contractor" means any contractor who has not an established and maintained place of business within this state, or who has not made reports to North Dakota workforce safety and insurance within the previous year of employees within this state, and who has not made contributions to the North Dakota workforce safety and insurance fund accordingly, or who, during a like period has not made an income tax return in this state.

43-07-20. Employment preference in contract.
In all contracts, except those which involve federal-aid funds and when a preference or discrimination would be contrary to a federal law or regulation, hereafter let for state, county, city, school district, or township construction, repair, or maintenance work under any laws of this state, there shall be inserted a provision by which the contractor must give preference to the employment of bona fide North Dakota residents, as determined by section 54-01-26, with preference given first to honorably discharged disabled veterans and veterans of the armed forces of the United States, as defined in section 37-19.1-01, who are deemed to be qualified in the performance of that work. The preference shall not apply to engineering, superintendence, management, or office or clerical work. No contract shall be let to any person, firm, association, cooperative, corporation, or limited liability company refusing to execute an agreement containing the aforementioned provisions.

Title 44. Offices and Officers
Chapter 44-08. Miscellaneous Provisions
44-08-01. Preference to North Dakota bidders, sellers, and contractors.

• 1. The office of management and budget, any other state entity, and the governing body of any political subdivision of the state in purchasing any goods, merchandise, supplies, or equipment of any kind, or contracting to build or repair any building, structure, road, or other real property, shall give preference to bidders, sellers, or contractors resident in North Dakota. The preference must be equal to the preference given or required by the state of the nonresident bidder, seller, or contractor.
• 2. A state entity authorized to accept bids shall give preference to a resident North Dakota bidder when accepting bids for the provision of professional services, including research and consulting services. The preference must be equal to the preference given or required by the state of the nonresident bidder.

44-08-01.1. Bids to be sealed - Designation of time and place for opening -Preference for tie bids.
Notwithstanding any other provisions of the North Dakota Century Code, the governing bodies of the political subdivisions of the state of North Dakota shall accept only sealed bids, whenever by law or administrative decision they are required to call for, advertise, or solicit bids for the purchase of personal property and equipment. Whenever a political subdivision of this state calls for, advertises, or solicits sealed bids, it shall designate a time and place for the opening of such bids. If all of the bids are not rejected, the purchase must be made from the bidder submitting the lowest and best bid meeting or exceeding the specifications set out in the invitation for bids. In the event that two or more bids contain identical pricing or receive identical evaluation scores, preference must be given to bids submitted by North Dakota vendors.

44-08-02. Resident North Dakota bidder, seller, and contractor defined.
The term "a resident North Dakota bidder, seller, or contractor" when used in section 44-08-01, unless the context thereof clearly provides otherwise, means a bidder, seller, or contractor who has maintained a bona fide place of business within this state for at least one year prior to the date on which a contract was awarded.

Ohio

Ohio Revised Code - http://codes.ohio.gov/orc

Title 1. State Government
Chapter 125. Department of Administrative Services -- Office Services
125.09 Bid conditions or terms - preferences.

• (A) Pursuant to section 125.07 of the Revised Code, the department of administrative services may prescribe such conditions under which competitive sealed bids will be received and terms of the proposed purchase as it considers necessary; provided, that all such conditions and terms shall be reasonable and shall not unreasonably restrict competition, and bidders may bid upon all or any item of the supplies or services listed in such notice. Those bidders claiming the preference for United States and Ohio products outlined in this chapter shall designate in their bids either that the product to be supplied is an Ohio product or that under the rules established by the director of administrative services they qualify as having a significant Ohio economic presence.
• (C) The director of administrative services shall, by rule adopted pursuant to Chapter 119. of the Revised Code, prescribe criteria and procedures for use by all state agencies in giving preference to United States and Ohio products as required by division (B) of section 125.11 of the Revised Code. The rules shall extend to:
  • (1) Criteria for determining that a product is produced or mined in the United States rather than in another country or territory;
  • (2) Criteria for determining that a product is produced or mined in Ohio;
  • (3) Information to be submitted by bidders as to the nature of a product and the location where it is produced or mined;
  • (4) Criteria and procedures to be used by the director to qualify bidders located in states bordering Ohio who might otherwise be excluded from being awarded a contract by operation of this section and section 125.11 of the Revised Code. The criteria and procedures shall recognize the level and regularity of interstate commerce between Ohio and the border states and provide that the non-Ohio businesses may qualify for award of a contract as long as they are located in a state that imposes no greater restrictions than are contained in this section and section 125.11 of the Revised Code upon persons located in Ohio selling products or services to agencies of that state. The criteria and procedures shall also provide that a non-Ohio business shall not bid on a contract for state printing in this state if the business is located in a state that excludes Ohio businesses from bidding on state printing contracts in that state.
  • (5) Criteria and procedures to be used to qualify bidders whose manufactured products, except for mined products, are produced in other states or in North America, but the bidders have a significant Ohio economic presence in terms of the number of employees or capital investment a bidder has in this state. Bidders with a significant Ohio economic presence shall qualify for award of a contract on the same basis as if their products were produced in this state.
  • (6) Criteria and procedures for the director to grant waivers of the requirements of division (B) of section 125.11 of the Revised Code on a contract-by-contract basis where compliance with those requirements would result in the state agency paying an excessive price for the product or acquiring a disproportionately inferior product;
  • (7) Such other requirements or procedures reasonably necessary to implement the system of preferences established pursuant to division (B) of section 125.11 of the Revised Code.
    In adopting the rules required under this division, the director shall, to the maximum extent possible, conform to the requirements of the federal "Buy America Act," 47 Stat. 1520, (1933), 41 U.S.C.A. 10a-10d, as amended, and to the regulations adopted thereunder.

125.11 Contract award.

• (A) Subject to division (B) of this section, contracts awarded pursuant to a reverse auction under section 125.072 of the Revised Code or pursuant to competitive sealed bidding, including contracts awarded under section 125.081 of the Revised Code, shall be awarded to the lowest responsive and responsible bidder on each item in accordance with section 9.312 of the Revised Code. When the contract is for meat products as defined in section 918.01 of the Revised Code or poultry products as defined in section 918.21 of the Revised Code, only those bids received from vendors offering products from establishments on the current list of meat and poultry vendors established and maintained by the director of administrative services under section 125.17 of the Revised Code shall be eligible for acceptance. The department of administrative services may accept or reject any or all bids in whole or by items, except that when the contract is for services or products available from a qualified nonprofit agency pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of the Revised Code, the contract shall be awarded to that agency.
• (B) Prior to awarding a contract under division (A) of this section, the department of administrative services or the state agency responsible for evaluating a contract for the purchase of products shall evaluate the bids received according to the criteria and procedures established pursuant to divisions (C)(1) and (2) of section 125.09 of the Revised Code for determining if a product is produced or mined in the United States and if a product is produced or mined in this state. The department or other state agency shall first remove bids that offer products that have not been or that will not be produced or mined in the United States. From among the remaining bids, the department or other state agency shall select the lowest responsive and responsible bid, in accordance with section 9.312 of the Revised Code, from among the bids that offer products that have been produced or mined in this state where sufficient competition can be generated within this state to ensure that compliance with these requirements will not result in an excessive price for the product or acquiring a disproportionately inferior product. If there are two or more qualified bids that offer products that have been produced or mined in this state, it shall be deemed that there is sufficient competition to prevent an excessive price for the product or the acquiring of a disproportionately inferior product.
• (C) Division (B) of this section applies to contracts for which competitive bidding is waived by the controlling board.
• (D) Division (B) of this section does not apply to the purchase by the division of liquor control of spirituous liquor.
• (E) The director of administrative services shall publish in the form of a model act for use by counties, townships, municipal corporations, or any other political subdivision described in division (B) of section 125.04 of the Revised Code, a system of preferences for products mined and produced in this state and in the United States and for Ohio-based contractors. The model act shall reflect substantial equivalence to the system of preferences in purchasing and public improvement contracting procedures under which the state operates pursuant to this chapter and section 153.012 of the Revised Code. To the maximum extent possible, consistent with the Ohio system of preferences in purchasing and public improvement contracting procedures, the model act shall incorporate all of the requirements of the federal "Buy America Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and the rules adopted under that act.
  Before and during the development and promulgation of the model act, the director shall consult with appropriate statewide organizations representing counties, townships, and municipal corporations so as to identify the special requirements and concerns these political subdivisions have in their purchasing and public improvement contracting procedures. The director shall promulgate the model act by rule adopted pursuant to Chapter 119. of the Revised Code and shall revise the act as necessary to reflect changes in this chapter or section 153.012 of the Revised Code.

Ohio Administrative Code - http://codes.ohio.gov/oac

Chapter 123:5. Division of Purchasing
Section 1. General Provisions
123:5-1-01 Definitions.

In addition to the definitions in section 125.01 of the Revised Code, the following definitions shall apply:

(A) "Agency" means any state department, office, institution, board, or commission.

(D) "Bidder" means the person or firm which submits a response resulting from an invitation to bid.

(E) "Border state" means any state that is contiguous to Ohio and that does not impose a restriction greater than Ohio imposes pursuant to section 125.09 of the Revised Code.

(J) "Lowest responsive and responsible bidder" means a bidder on the contract whose proposal responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise provide the bidder with a competitive advantage, and whose financial condition, experience, conduct and performance on previous contracts, facilities, and management skills, support the bidder's ability to execute the contract properly.

(N) "Ohio bid" means a bid received from a bidder offering Ohio products or a bidder demonstrating significant Ohio economic presence.

(O) "Ohio Business Enterprise" means domestic corporations as defined in division (A) of section 1703.01 of the Revised Code and any sole proprietorship, partnership or joint venture whose principal place of business is located in Ohio.

(W) "Significant Ohio economic presence" means business organizations that:

(1) Pay required taxes to the State of Ohio; and,

(2) Are registered and licensed to do business in the State of Ohio with the office of the Secretary of State; and

(3) Have ten or more employees based in Ohio, or seventy-five percent or more of their employees based in Ohio.

123:5-1-06 Implementation of domestic Ohio bid preference.

(A) Scope. This rule implements the Buy-Ohio Act (Amended House Bill 271, 115th General Assembly) and the policies set forth in the governor's executive order 83-1, January 10, 1983, with respect to supply and service contracts, other than construction contracts. To the extent possible, this rule conforms to the requirements of the Federal Buy America Act, 41 U.S.C.A. 10A-10D, as amended and to the regulations adopted thereunder.

(B) Policy. Except as further provided in paragraph (C) of this rule, bids will be evaluated so as to give preference to domestic Ohio bids. This preference shall be applied through the procedures outlined in paragraph (C) of this rule.

(C) Procedure for applying domestic Ohio bid preference

(1) Bids will first be evaluated to determine that a bidder's offering is for a "domestic source end product," as defined at 41 C.F.R. section 1-6.101(D). Information furnished by the bidder as provided for in paragraph (D) of this rule shall be relied upon in making the determination. Any bidder's offering that does not meet this requirement shall be rejected, except in those circumstances where the director of the department of administrative services or his designee determines that certain articles, materials and supplies are not mined, produced or manufactured in the U.S. in sufficient and reasonably available commercial quantities and of a satisfactory quality.

(2) Following the determination at paragraph (C)(1) of this rule, remaining bids and proposals shall be evaluated so as to give preference to Ohio bids or bidders who are located in a border state, provided that the border state imposes no greater restrictions than contained in sections 125.09 and 125.11 of the Revised Code (hereinafter in this chapter, it is required that for a bid from a border state, the border state imposes no greater restrictions than are contained in sections 125.09 and 125.11 of the Revised Code). Where the preliminary analysis of bids identifies the apparent low bid as an Ohio bid or a bid from a border state, the director or his designee shall proceed with evaluation and award procedure provided for in rule 123:5-1-07 of the Administrative Code.

(3) Where the preliminary analysis identifies the apparent low bid as one other than an Ohio bid or bid from a border state, the director or his designee shall consider the following factors:

(a) Whether the goods or services can be procured in-state in sufficient and reasonably available quantities and of a satisfactory quality;

(b) Whether an Ohio bid has been submitted;

(c) Whether the lowest Ohio bid, if any, offers a price to the state deemed to be an excessive price;

(d) Whether the lowest Ohio bid, if any, offers a disproportionately inferior product or service.

For purposes of applying these criteria, "excessive price" shall be construed to mean a price that exceeds by more than five per cent the lowest price submitted on a non-Ohio bid.

(4) Where the director or his designee determines that selection of the lowest Ohio bid, if any, will not result in an excessive price or a disproportionately inferior product or service, the director or his designee shall propose a contract award to the low Ohio bid at the bid price quoted. The final contract award shall be made following further evaluation and award under rule 123:5-1-07 of the Administrative Code. Where, otherwise, the director determines it is advantageous to propose the award of contract to other than an Ohio bid or bid from a border state, the director shall propose same. The final contract award shall be made following further evaluation and award under rule 123:5-1-07 of the Administrative Code. The director or his designee shall at all times reserve the right to reject all bids, award partial bids and rebid if it is deemed in the best interest of the state to do so.

(D) "Buy America" product information

All invitations to bid and requests for proposals shall require the bidder to complete and attest to the following statement:

Buy American certificate

The bidder or offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product as defined in the Buy America Act; and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States:

…

Excluded end products (show country of origin for each excluded end product):"

…

(E) Buy Ohio bidder and product information

All invitations to bid and requests for proposals shall require the bidder to submit the following information:

(1) Identify each product that is not an Ohio product.

(2) Represent that all other products for which prices are submitted are Ohio products.

(3) Identify whether the bidder claims to qualify as offering an Ohio product or as having significant Ohio economic presence.

(F) Notice of domestic Ohio bid preference

The department shall indicate in all its invitations to bid that it will apply a domestic Ohio bid preference as outlined herein in the evaluation and award of bids received.

123:5-1-09 Purchase of recycled products.

(A) When purchasing equipment, materials, or supplies, the general assembly; the offices of all elected state officers; all departments, boards, offices, commissions, agencies, institutions, including, without limitation, state-supported institutions of higher education, and other instrumentalities of this state; the supreme court; all courts of appeals; and all courts of common pleas, may purchase recycled products when:

(1) The recycled product being offered is substantially equivalent to the non-recycled product and is commercially available in quantities sufficient to meet the needs of the procuring agency;

(2) The recycled product being offered is consistent with and substantially equivalent to any relevant regulations adopted by the administrator of the United States environmental protection agency pursuant to the "Resource Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended;

(3) It is economically feasible to purchase the recycled product. To determine if the product is economically feasible, the purchasing entity may apply a preference not to exceed five percent above the lowest price offered for the comparable non-recycled product being considered.

(B) So far as practicable and economically feasible, specifications shall:

(1) Omit virgin only material requirements;

(2) Include the minimum percentage of recycled materials the various products shall contain to be considered recycled;

(3) Include functional or performance criteria permitting use of recycled content materials and supplies.

123:5-1-11 Model system of preference.

Pursuant to Am. Sub. H.B. 237 of the 116th General Assembly, codified in division (E) of section 125.11 of the Revised Code, the department of administrative services establishes the following model system of preferences which may be used voluntarily by counties, townships, and municipalities for purchasing and public improvement contracts. See the appendix to this rule which sets forth the model system of preferences in the form of a sample ordinance or resolution.

(A) System of preferences

(1) Subject to the system of preferences set forth in this rule, contracts for the purchase of all equipment, materials, supplies, or insurance (or for only those classes of contracts the jurisdiction so designates) shall be awarded to the lowest responsive and responsible bidder. (A jurisdiction whose statutory award criteria is not "lowest responsive and responsible" should use the award criteria statutorily assigned to it.)

(2) Prior to awarding such a contract, the county, township, or municipality shall evaluate the bids received according to criteria and procedures contained in paragraphs (b) and (c) of this rule. The county, township, or municipality shall first reject all bids that offer goods that have not been or that will not be produced or mined in the united states. From among the remaining bids, the county, township, or municipality shall select the lowest responsive and responsible bid from among the bids that offer goods that have been produced or mined in ohio where sufficient competition can be generated within ohio to ensure that compliance with these requirements will not result in an excessive price for the product or acquiring a disproportionately inferior product.

(3) Bidders whose manufactured products, except for mined products, are produced in other states or in north America, but the bidders have a significant Ohio economic presence in terms of the number of employees or capital investment it has in Ohio, shall qualify for award of a contract on the same basis as if their products were produced in Ohio.

(B) Buy Ohio Act bid preference

(1) Buy America Act compliance

(a) Bids will first be evaluated to determine that a bidder's offering is for a domestic source end product as defined in 41 C.F.R. section 1-6.101(D). Information furnished by the bidder in paragraph (C)(2) of this rule shall be relied upon in making this determination. Any bidder's offering that does not offer a domestic source end product shall be rejected, except where the contracting authority determines that certain articles, materials and supplies are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.

(b) Following the determination as to domestic source end products, remaining bids and proposals shall be evaluated in accordance with paragraph (B)(2) of this rule, so as to give preference to Ohio bids or bidders who are located in a border state, provided that the border state imposes no greater restrictions than contained in this rule.

(2) Buy Ohio Act compliance

(a) Where the preliminary analysis of bids identifies the apparent low bid as an Ohio bid or a bid from a border state, the county, township, or municipality shall proceed with its standard contract award practices and procedures.

(b) Where the preliminary analysis identifies the apparent low bid as one other than an Ohio bid or bid from a border state, the county, township, or municipality shall consider the following factors:

(i) Whether the goods or services can be procured in-state in sufficient and reasonably available quantities and of a satisfactory quality;

(ii) Whether an Ohio bid has been submitted;

(iii) Whether the lowest Ohio bid, if any, offers a price to the county, township, or municipality deemed to be an excessive price (defined as a price that exceeds by more than five per cent the lowest non-Ohio bid submitted);

(iv) Whether the lowest Ohio bid, if any, offers a disproportionately inferior product or service.

(c) Where the county, township, or municipality determines that selection of the lowest Ohio bid, if any, will not result in an excessive price or disproportionately inferior product or service, the county, township, or municipality shall propose a contract award to the low Ohio bid at the bid price quoted.

(d) Where the county, township, or municipality otherwise determines it is advantageous to propose the award of a contract to other than an Ohio bidder or bidder from a border state, the county, township, or municipality shall propose such an award.

(3) Prior to the final contract award, the county, township, or municipality shall conduct its normal evaluation procedures (e.g., product compliance with bid specifications) in addition to the Buy America Act and Buy Ohio Act analyses.

(C) Notice to bidders; bidder certifications

(1) Notice of domestic Ohio bid. The county, township, or municipality shall indicate in all its invitations to bid that it will apply a domestic Ohio bid preference as outlined in this rule in the evaluation and award of bids received.

(2) All invitations to bid and requests for proposals shall require the bidder to complete and attest to the following "Buy America Act certificate" :

"The bidder or offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product as defined in the Buy America Act, 41 U.S.C.A. 10A-10D; and that components of unknown origin have been considered to have been mined, produced or manufactured outside the United States.

Excluded end products: (show country of origin for each excluded end product)."

(3) All bidders shall submit the following information:

(a) Identify that all other products for which prices are submitted are Ohio products.

(b) Represent that all other products for which prices are submitted are Ohio products.

(c) Identify whether the bidder claims to qualify as offering an Ohio product or as having significant Ohio economic presence.

(D) Preference for public improvement contracts

With respect to the award of any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of a public improvement, including any highway improvement, made by the county, township, or municipality, or in whole or in part supported by the county, township, or municipality, except for a contract for products produced or mined in Ohio or for a contract financed in whole or in part by contributions or loans from any agency of the United States government, preference shall be given to a contractor having its principal place of business in Ohio over a contractor having its principal place of business in a state which provides a preference in favor of contractors of that state for the same type of work. Where a preference is provided by another state for contractors of that state, a contractor having its principal place of business in Ohio is to be granted by the county, township, or municipality the same preference over them in the same manner and on the same basis and to the same extent as the preference is granted in letting contracts for the same type of work by the other state. If one party to a joint venture is a contractor having its principal place of business in Ohio, the joint venture shall be considered as having its principal place of business in Ohio. A county, township, or municipality may consult with the Ohio department of administrative services, division of public works, to determine the type of preference under which a jurisdiction operates.

Appendix 123:5-1-11

Be it ordained by the _____ of _____

That pursuant to Revised Code section 125.11(E) of the Ohio Revised Code, the _____ of _____ is hereby authorized to adopt the Model System of Preferences, as set forth below. By adopting such a System, the _____ of _____ hereby amends its current procurement statutes and regulations to reflect the Model System of Preferences.

I. MODEL SYSTEM OF PREFERENCES

Subject to the system of preferences set forth herein, contracts for the purchase of all equipment materials, supplies, or insurance (or for only those classes of contracts specified in Exhibit I) shall be awarded to the lowest responsive and responsible bidder.*

• A Jurisdiction whose statutory award criteria is not "lowest responsive and responsible," should use the award criteria statutorily assigned to it.

Prior to awarding a contract under section _____ of the Ohio Revised Code, the _____ of _____ shall evaluate the bids received according to criteria and procedures contained in Articles II and III of this Ordinance (or Resolution). The (city, county, etc.) shall first reject all bids that offer goods that have not been or that will not be produced or mined in the United States. From among the remaining bids, the (city, country, etc.) shall select the lowest responsive and responsible bid from among the bids that offer goods that have been produced or mined in Ohio where sufficient competition can be generated within Ohio to ensure that compliance with these requirements will not result in an excessive price for the product or acquiring a disproportionately inferior product.

Bidders whose manufactured products, except for mined products, are produced in other states or in North America, but the bidders have a significant Ohio economic presence in terms of the number of employees or capital investment it has in this state, shall qualify for award of a contract on the same basis as if their products were produced in this state.

II. BUY OHIO BID PREFERENCE

A. Buy American Act Compliance

1. Bids will first be evaluated to determine that a bidder's offering is for a domestic source end product as defined at 41 C.F.R. section 1-.6.101(d).

Information furnished by the bidder pursuant to Article III, Section (B)(1) shall be relied upon in making this determination. Any bidder's offering that does not offer a domestic source end product shall be rejected, except where the contracting authority determines that certain articles, materials and supplies are not mined, produced or manufactured in the U.S. in sufficient and reasonably available commercial quantities and of a satisfactory quality.

2. Following the determination as to domestic source end products, remaining bids and proposals shall be evaluated in accordance with division (B) of this Article so as to give preference to Ohio bids or bidders who are located in a border state, provided that the border state imposes no greater restrictions than contained in this Model System of Preferences.

B. Buy Ohio Compliance

1. Where the preliminary analysis of bids identifies the apparent low bid as an Ohio bid or a bid from a border state, the (city, county, etc.) shall proceed with its standard contract award practices and procedures.

2. Where the preliminary analysis identifies the apparent low bid as one other than an Ohio bid or bid from a border state, the (city, county, etc.) shall consider the following factors:

(a) Whether the goods or services can be procured in-state in sufficient and reasonably available quantities and of a satisfactory quality;

(b) Whether an Ohio bid has been submitted;

(c) Whether the lowest Ohio bid, if any, offers a price to the (city, county, etc.) deemed to be an excessive price; An "excessive price" shall be a price that exceeds by more than 5% the lowest non-Ohio bid submitted.

(d) Whether the lowest Ohio bid, if any, offers a disproportionately inferior product or service.

3. Where the (city, county, etc.) determines that selection of the lowest Ohio bid, if any, will not result in an excessive price or disproportionately inferior product or service, the (city, county, etc.) shall propose a contract award to the low Ohio bid at the bid price quoted.

C. Prior to the final contract award, the (city, county, etc.) shall conduct its normal evaluation procedures (e.g. product compliance with bid specifications) in addition to the Buy America Act and Buy Ohio analyses.

III. NOTICE TO BIDDERS; BIDDER CERTIFICATIONS

A. Notice of domestic Ohio bid

The (city, county, etc.) shall indicate in all its invitations to bid that it will apply a domestic Ohio bid preference as outlined in this Ordinance (or Resolution) in the evaluation and award of bids received.

B. All invitations to bid and requests for proposals shall require the bidder to:

1) complete and attest to the following:

"Buy American Act Certificate"

The bidder or offeror hereby certifies that each end product, except the end products listed below, is a domestic source end product as defined in the Buy America Act, 41 U.S.C.A. 10a-10d; and that components of unknown origin have been considered to have been mined, produced or manufactured outside the United States.

Excluded end products (Show country or origin for each excluded end product):

2) submit the following information:

a) Identify each product that is not an Ohio product.

b) Represent that all other products for which prices are submitted are Ohio products.

c) Identify whether the bidder claims to qualify as offering an Ohio product or as having significant Ohio economic presence.

IV. PREFERENCE FOR PUBLIC IMPROVEMENT CONTRACTS

With respect to the award of any contract for the construction, reconstruction, improvement, enlargement, alteration, repair, painting or decoration of a public improvement, including any highway improvement, made by the (city, county, etc.) or in whole or in part supported by the (city, county, etc.), except for a contract for products produced or mined in Ohio or for a contract financed in whole or in part by contributions or loans from any agency of the United States government, preference shall be given to contractors having their principal place of business in Ohio over contractors having their principal place of business in a state which provides a preference in that state in favor of contracts of that state for the same type of work. Where a preference is provided by another state for contractors of that state, contractors having their principal place of business in Ohio are to be granted in the (city, county, etc.) the same preference over them in the same manner and on the same basis and to the same extent as the preference is granted in letting contracts for the same type of work by the other state. If one party of a joint venture is a contractor having its principal place of business in Ohio, the joint venture shall be considered as having its principal place of business in Ohio.

A city, county, etc. may consult with the Ohio Department of Administrative Services, Division of General Services Administration to determine the type of preference under which a jurisdiction operates.

V. DEFINITIONS

For purposes of this Ordinance (or Resolution) the following definitions shall apply:

1. "Border state" means any state that is contiguous to Ohio and that does not impose a restriction greater than Ohio imposes pursuant to Section 125.09 of the Revised Code.

2. "Lowest Responsive and Responsible Bidder" means a bidder on the contract whose proposal responds to the bid specifications in all material respects and contains no irregularities or deviations from the specifications which would affect the amount of the bid or otherwise provide the bidder with a competitive advantage, and whose financial condition, experience, conduct and performance on previous contracts, facilities, and management skills, support the bidder's ability to execute the contract properly.

3. "Ohio Bid" means a bid received from a bidder offering Ohio products or a bidder demonstrating a significant Ohio economic presence.

4. "Ohio business enterprise" means a domestic corporation, sole proprietorship, partnership, or joint venture whose principal place of business is located in Ohio. If one party to a joint venture has its principal place of business in Ohio, the joint venture shall be considered as having its principal place of business in Ohio.

5. "Ohio products" means products which are mined, escavated, produced, manufactured, raised, or grown in the state by a person where the input of Ohio products, labor, skill or other services constitutes no less than 25% of the manufactured cost. With respect to mined products, such products shall be mined or excavated in Ohio.

6. "Produced" means processing, mining, developing and making of a thing into a new article, with a district character in use, through the application of input within the State of Ohio or other services. Produced does not include the mere assembling or putting together of non-Ohio products, including materials, manufacturer's supplies, merchandise, goods, wares and foodstuffs.

7. "Significant Ohio economic presence" means business organizations that:

a) have sales offices, divisions, sales outlets or manufacturing facilities in Ohio or which facilities demonstrate capital investment to Ohio; and

b) pay required taxes to the State of Ohio; and

c) for corporations, are registered and licensed to do business in the State of Ohio with the offices of the Secretary of State.

Oklahoma

Oklahoma Statutes - http://www.lsb.state.ok.us/osStatuesTitle.html

Title 61. Public Buildings and Public Works
§61 6. Public buildings Home products When to use.
From and after the passage and approval of this act, in the construction of all public buildings erected for the state; for any county for educational, eleemosynary, penal or other institution of the state, or for any county thereof, where the expense of construction is borne wholly or in part by the state, or county, by appropriation, by the issuance of bonds, or by taxation, preference shall be given to materials mined, quarried, manufactured or procured within the State of Oklahoma, provided that the same can be procured at no greater expense than like material or materials of equal quality from without the state.

§61 9. Oklahoma labor and materials in construction or repair of state institutions.
The Governor, the Director of Central Services, the Board of Regents for Higher Education, and any agent or agency of the State of Oklahoma who shall be authorized to expend funds for the construction or repair of state institutions provided for pursuant to Section 31 of Article X of the State Constitution, shall include in all contracts for repair or construction a provision requiring employment of Oklahoma labor and the use of Oklahoma materials in doing such construction and repair if such Oklahoma labor and materials are available, and the quality of such labor or materials meet the standards of labor and material available from outside the state and can be procured at a cost no higher than the same quality of labor or material available from outside this state.

§61 10. Preference for Oklahoma labor and materials in certain construction.
The Governor, the Director of Central Services, the Oklahoma State Regents for Higher Education, and any agent or agency of the State of Oklahoma who shall be authorized to expend funds for the construction or repair of state institutions provided for pursuant to Section 33 of Article X of the State Constitution, shall include in all contracts for repair or construction a provision requiring employment of Oklahoma labor and the use of Oklahoma materials in doing such construction and repair wherever such Oklahoma labor and materials are available and the quality of such labor or materials meet the standards of labor and material available from outside the state and can be procured at a cost no higher than the same quality of labor or material available from outside this state.

§61 14. Preference to Oklahoma-domiciled contractors.
To the extent permitted by federal laws and regulations, whenever the State of Oklahoma, or any department, agency or institution thereof or any city, town or county shall let for bid any contract to a contractor for any public works, the contractor domiciled outside the boundaries of Oklahoma shall be required, in order to be successful, to submit a bid the same percent less than the lowest bid submitted by a responsible contractor domiciled in Oklahoma as would be required for such an Oklahoma domiciled contractor to succeed over the bidding contractor domiciled outside Oklahoma on a like contract being let in his domiciliary state.

§61 51. Governmental bodies to purchase American made goods Exceptions.

• A. All agencies, boards, commissions, offices, institutions, or other governmental bodies of the State of Oklahoma, and all individuals making purchases on behalf of such governmental bodies, shall purchase for such governmental bodies goods and equipment manufactured or produced in the United States of America as determined pursuant to federal and state law, unless:
  • 1. A foreign-made product is substantially cheaper and of equal quality;
  • 2. A foreign-made product is of substantially superior quality to competing American products and is sold at a comparable price; or
  • 3. A reciprocal trade agreement or treaty has been negotiated by the State of Oklahoma or by the United States government on behalf of or including this state with a foreign nation or government for nondiscriminatory governmental procurement practices or policies with such foreign nation or government.
• B. The state and any political subdivision of the state may give a two and one-half percent (2 1/2%) differential preference to the cost of goods and equipment manufactured or produced in the United States of America over foreign-made products; provided that such preferences shall not be for goods or equipment of inferior quality to those offered from outside the United States of America. This preference shall not be in addition to any other preference for which such goods or equipment may be eligible pursuant to law.

Title 74. State Government
§74-85.17A. Bidding preferences - Reciprocity.
State agencies shall not discriminate against bidders from states or nations outside Oklahoma, except as provided by this section. State agencies shall reciprocate the bidding preference given by other states or nations to bidders domiciled in their jurisdictions for acquisitions pursuant to the Oklahoma Central Purchasing Act. The State Purchasing Director shall annually prepare and distribute to certified procurement officers a schedule providing which states give bidders in their states a preference and the extent of the preference. This schedule shall be used by state agencies in evaluating bids.

§74 85.45. Oklahoma Minority Business Enterprise Assistance Act
§74 85.45a. Legislative intent.
It is recognized by this state that the preservation and expansion of the American economic system of private enterprise is through free competition, but it is also recognized that the security and well being brought about by such competition cannot be realized unless the actual and potential capacity of minority business enterprises is encouraged and developed. Therefore, it is the intent of the Legislature that the state ensure that minority business enterprises are not underrepresented in the area of procurement of state contracts for construction, services, equipment and goods. It is further the intent that this state provide for the aggressive solicitation of minority business enterprises, provide a feasibility study on a Small Business Surety Bond Guaranty Program, provide other programs targeted for assisting minority business enterprises in qualifying for state bids, and establish a percentage preference bid program for minority business enterprises who desire to participate in such program.

§74 85.45b. Definitions.
For purposes of the Oklahoma Minority Business Enterprise Assistance Act:

• 1. "Minority" means a person who is a lawful resident of the State of Oklahoma and who is:
  • a. Black (a person having origins in any of the black racial groups of Africa),
  • b. Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American descent),
  • c. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands), or
  • d. American Indian and Alaskan Native (a person having origins in any of the original peoples of North America);
• 2. "Minority business enterprise" means a small business concern, as defined pursuant to Section 3 of the Small Business Act and implementing regulations, which is owned and controlled by one or more minorities and is authorized to do and is doing business under the laws of this state, paying all taxes duly assessed, and domiciled within this state. "Owned and controlled" means a business:
  • a. which is at least fifty one percent (51%) owned by one or more minorities or, in the case of a publicly owned business, at least fifty one percent (51%) of all classes or types of the stock is owned by one or more minorities, and
  • b. whose management and daily business operations are controlled by one or more such individuals;
• 3. "Office" means the Office of Public Affairs; and
• 4. "Person" means an individual, sole proprietorship, partnership, association, or corporation.

§74 85.45c. Bid preference program.

• A. For competitive bids submitted to the state pursuant to the Oklahoma Central Purchasing Act or pursuant to the Public Competitive Bidding Act of 1974 by certified minority businesses, the State Purchasing Director shall prepare and implement a bid preference program. The program shall require that a percentage be added to the price of the lowest bid and if the certified minority business enterprise submits a bid that falls between the lowest bid plus the percentage, it shall receive the contract.
  Provided however, in no instance shall the minority business enterprise be entitled to both a minority bid preference under this act and the preference for state produced goods pursuant to Section 85.32 of this title.
• B. The minority business enterprise preference program shall be implemented on the following schedule:
  • 1. For the 1988 1989 fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises certified pursuant to Section 7 of this act. If the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts were expended on contracts awarded to minority business enterprises certified pursuant to Section 7 of this act then the minority percentage bid preference shall be zero. If the percentage of such funds expended on minority business enterprises is less than ten percent (10%) then a five percent (5%) bid preference shall go into effect; and
  • 2. For each following fiscal year, the State Purchasing Director shall certify the percent of funds expended on state contracts which have been awarded to minority business enterprises. When the State Purchasing Director certifies that a minimum of ten percent (10%) of the funds expended on state contracts are expended on contracts awarded to minority business enterprises then the percentage bid preference shall remain at that preference level for a period of one (1) year. After that one year period, unless the minority bid preference level is zero, the State Purchasing Director shall reduce by one percent (1%) each year the bid preference level unless the required percent of funds expended on state contracts awarded to minority business enterprises decreases below the ten percent (10%) minimum. At that time, the State Purchasing Director shall increase the percentage bid preference one percent (1%) each year to a maximum of five percent (5%) to attain the minimum ten percent (10%) goal of the program. Each year the State Purchasing Director may increase or decrease the bid percentage level in compliance with this section to maintain the minimum ten percent (10%) goal of the program.
• C. The Department of Transportation is exempted from the provisions of the Minority Business Enterprise Assistance Act.

Oklahoma State Recycling and Recycled Materials Procurement Act
§74 85.51. Definitions.
As used in the Oklahoma State Recycling and Recycled Materials Procurement Act:

• 1. "Department" means the Department of Central Services;
• 2. "Paper recycling" means the processing of scrap paper or other such recoverable waste paper into reusable products. Such collection and recycling of recoverable waste paper shall be done in an environmentally acceptable manner;
• 3. "State public entity" means the State Legislature, any bureau, agency, board, commission, or authority of the state, the office of the Governor, the judiciary, or any state university, school district, or county of the state which is supported in whole or in part by state funds;
• 4. "Recoverable waste paper" generated by businesses or consumers, which has served its intended use and has been separated from solid waste for purposes of collection and recycling, shall include, but is not limited to, such paper as computer cards, computer print out papers, copy paper, white office papers, colored office papers, corrugated boxes, newspapers, envelope coatings, bindery trimmings, printing scrap and butt rolls. Mill broke repulped internally within a paper manufacturing facility shall not be considered recoverable waste paper;
• 7. "Recycled paper products" means all paper products manufactured from recoverable waste paper with not less than ten percent (10%) of their total weight consisting of waste paper.
• 8. "Products manufactured with recycled materials" means products that contain at least a minimum percentage of specified materials recovered from the recycling of post-consumer products as defined in rules and regulations promulgated by the Division;
• 9. "Recyclable materials" means materials or products which are capable of being recycled, including but not limited to paper, glass, plastics, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material; and
• 10. "Uncoated" means not coated with plastic, clay, or other material used to create a glossy finish.

§74 85.52. Intent of Legislature Implementation of act Exemptions.

• A. It is the intent of the Legislature that all state public entities comply with the provisions of the Oklahoma State Recycling and Recycled Materials Procurement Act. All political subdivisions of this state are encouraged to collect and recycle recoverable waste paper and recyclable materials to the greatest extent possible. The Department of Central Services shall coordinate recycling efforts among the state public entities. The Director of Central Services shall adopt such rules, regulations, and orders as are necessary for the implementation of the Oklahoma State Recycling and Recycled Materials Procurement Act. The rules and regulations at a minimum shall establish procedures for:
  • 1. The identification, handling, hauling, storing, safety factors, and disposition of recoverable waste paper and recyclable materials;
  • 2. The separation of recoverable waste paper and recyclable materials from solid waste generated by state public entities;
  • 3. A system for the collection of recoverable waste paper and recyclable materials from solid waste generated by state public entities;
  • 4. Assuring that the recoverable waste paper and recyclable materials are made available to private industries for collection and recycling at the greatest economic value and to the greatest extent feasible. The Department may execute multiple contracts as necessary for purposes including but not limited to serving other government entities and different geographic areas of the state. In addition to the preference provisions of Section 85.53 of this title, rules and regulations governing availability of recyclable materials shall give preference to private recyclable materials industries that operate in Oklahoma, and that will employ residents of the state to handle, transport and sort such materials;
  • 5. The purchase of uncoated office paper and printed paper whenever practicable; and
  • 6. Separating for the purpose of recycling all recyclable materials including but not limited to lead acid batteries, waste oil and major appliances that are generated as solid waste by state public entities.
• B. All state public entities shall comply with the procedures and systems established pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act.
• C.
  • 1. The Director may exempt any single activity or facility of any state public entity from compliance with rules promulgated pursuant to the Oklahoma State Recycling and Recycled Materials Procurement Act if the Director determines there is a lack of market availability or that it is not economically feasible to follow and comply with the procedures and systems established by the Director.
  • 2. The exemption shall be for a period not in excess of one (1) year, but additional exemptions may be granted for periods not to exceed one (1) year.

§74 85.53. State public entities to procure products and materials containing recycled materials - Intent of Legislature - Bids for state purchases - Rules and regulations - Procurement specifications.

• A. It is the intent of the Legislature that all state public entities procure products or materials with the recycled content levels required or specified by rules promulgated pursuant to the provisions of this section when such products or materials are available.
• B. By July 1, 1993, the Division when accepting bids for state purchases of supplies, equipment and materials shall give preference to the suppliers of paper products or products manufactured with recycled materials if:
  • 1. The price for recycled products and materials is not substantially higher than the price for nonrecycled products and materials. The Department of Central Services shall establish by rule the annual percentage over and above the price of nonrecycled products and materials which will be allowed for the purchase of recycled products and materials; and
  • 2. The quality and grade requirements are otherwise comparable.
• C. By July 1, 1993, any state public entity not subject to the Central Purchasing Act when accepting bids for purchases of supplies, equipment and materials, shall give preference to the suppliers of recycled paper products and products manufactured from recycled materials if:
  • 1. The price for recycled products and materials is not substantially higher than the price for nonrecycled products and materials. The price paid for recycled products and materials shall not exceed the percentage over the price for nonrecycled products and materials established by the Department; and
  • 2. The quality and grade requirements are otherwise comparable.
• D. The Purchasing Division and any state public entity not subject to the Central Purchasing Act shall ensure, to the greatest extent economically practical and possible, that the recycled or recovered content of all paper purchased by the Division or agency, measured as a proportion, by weight, of paper products purchased in a calendar year, is not less than the following:
  • 1. By 1995, ten percent (10%) of all purchased paper;
  • 2. By 1997, twenty-five percent (25%) of all purchased paper; and
  • 3. By 1999, forty percent (40%) of all purchased paper.
• E.
  • 1. By July 1, 1993, the Division shall promulgate rules and implement a program for extending state procurement specifications to products manufactured with recycled materials and identifying recycled products.
  • 2. By July 1, 1993, any state public entity not subject to the Central Purchasing Act shall implement a program for extending agency procurement specifications to products manufactured with recycled materials.
• F. In writing specifications under this section, the Department and any other state public entity shall incorporate requirements relating to the recyclability and ultimate disposition of products and, wherever possible, shall write the specifications so as to minimize the amount of solid waste generated by the state. All specifications under this section shall discourage the purchase of single-use, disposable products and require, whenever practical, the purchase of multiple-use, durable products.
• G. For materials that are not otherwise recycled, the Division and each state public entity not subject to the Central Purchasing Act shall, to the extent practicable, enter into agreements to purchase products made from recyclable materials from vendors who agree to purchase like materials separated from solid waste generated by the state for reuse or use as a raw material in manufacturing.

Oregon

Oregon Revised Statutes - http://www.leg.state.or.us/ors/home.htm

Volume 7. Title 26. Public Facilities, Contracting and Insurance
Chapter 279A. Public Contracting - General Provisions

279A.105 Subcontracting to emerging small businesses.

• (1) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing the contract from, a business enterprise that is certified under ORS 200.055 as an emerging small business.
• (2) A contracting agency may require a contractor to subcontract some part of a contract to, or to obtain materials to be used in performing the contract from, a business enterprise that is certified under ORS 200.055 as an emerging small business and that, as identified by the contracting agency, is located in or draws its workforce from economically distressed areas, as designated by the Economic and Community Development Department.
• (3) A contracting agency may require that a public contract be awarded to a responsible bidder, as defined in ORS 200.005, who the contracting agency determines has made good faith efforts as prescribed in ORS 200.045 (3). For purposes of this subsection, "responsible bidder" includes a responsible proposer that has made good faith efforts as prescribed in ORS 200.045 (3).

279A.120 Preference for Oregon goods and services; nonresident bidders.

• (1) As used in this section:
  • (a) "Nonresident bidder" means a bidder who is not a resident bidder.
  • (b) "Resident bidder" means a bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the bid, has a business address in this state and has stated in the bid whether the bidder is a "resident bidder" under this paragraph.
• (2) For the purposes of awarding a public contract, a contracting agency shall:
  • (a) Give preference to goods or services that have been manufactured or produced in this state if price, fitness, availability and quality are otherwise equal; and
  • (b) Add a percent increase to the bid of a nonresident bidder equal to the percent, if any, of the preference given to the bidder in the state in which the bidder resides.
• (3) When a public contract is awarded to a nonresident bidder and the contract price exceeds $10,000, the bidder shall promptly report to the Department of Revenue on forms to be provided by the department the total contract price, terms of payment, length of contract and such other information as the department may require before the bidder may receive final payment on the public contract. The contracting agency shall satisfy itself that the requirement of this subsection has been complied with before the contracting agency issues a final payment on a public contract.
• (4) The Oregon Department of Administrative Services on or before January 1 of each year shall publish a list of states that give preference to in-state bidders with the percent increase applied in each state. A contracting agency may rely on the names of states and percentages so published in determining the lowest responsible bidder without incurring any liability to any bidder.

279A.125 Preference for recycled materials.

• (1) Notwithstanding provisions of law requiring a contracting agency to award a contract to the lowest responsible bidder or best proposer or provider of a quotation and subject to subsection (2) of this section, a contracting agency charged with the procurement of goods for any public use shall give preference to the procurement of goods manufactured from recycled materials.
• (2) A contracting agency shall give preference to goods that are certified to be made from recycled materials if:
  • (a) The recycled product is available;
  • (b) The recycled product meets applicable standards;
  • (c) The recycled product can be substituted for a comparable nonrecycled product; and
  • (d) The recycled product's costs do not exceed the costs of nonrecycled products by more than five percent, or a higher percentage if a written determination is made by the contracting agency.

Chapter 282. Public Printing

282.210 Performance within state of public printing, binding and stationery work; stipulation in request for bids and in contracts; exceptions.

• (1) Except as provided in subsection (2) of this section, all printing, binding and stationery work, including the manufacture of motor vehicle registration plates and plates required to be affixed to motor carriers, for the state or any county, city, town, port district, school district, or other political subdivision thereof, shall be performed within the state. All requests for bids and all contracts for such work shall so stipulate.
• (2) The work referred to in subsection (1) of this section may be performed outside the state if it is established that:
  • (a) The work cannot be performed within the state;
  • (b) The lowest price for which such work can be procured within the state exceeds the charge usually and customarily made to private individuals and corporations for work of similar character and quality; or
  • (c) All bids for the work, or any part thereof, are excessive and not reasonably competitive.

Oregon Administrative Rules - http://arcweb.sos.state.or.us/pages/rules/access/index.html

Chapter 125. Department of Administrative Services
Division 246. General Provisions for Public Contracting

125-246-0110. Definitions
The following terms are a compilation of definitions, including those found in the Public Contracting Code, in other statutes referenced by the Public Contracting Code, and elsewhere in these Rules. Partial definitions of the Public Contracting Code are for the use of the Agencies only. The following terms, when capitalized in these Rules, have the meaning given below:

• (87) "Nonresident Offeror" means an Offeror who is not a resident Offeror. For the meaning of residency, see the definition of "Resident Offeror."
• (141) "Resident Bidder" is defined in ORS 279A.120 and means a Bidder that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Bid, has a business address in this State, and has stated in the Bid whether the Bidder is a "resident Bidder."
• (142) "Resident Offeror" means an Offeror that has paid unemployment taxes or income taxes in this state during the 12 calendar months immediately preceding submission of the Offer, has a business address in this State, and has stated in the Offer whether the Offeror is a "resident Offeror."

125-246-0300. Contract Preferences
Preference for Oregon Supplies and Services; Tie-Offers

• (1) Award When Offers Identical. When an Authorized Agency receives Offers identical in price, fitness, availability and quality, and chooses to award a Contract, the Authorized Agency must award the Contract based on the following order of precedence:
  • (a) The Authorized Agency must award the Contract to the Offeror among those submitting identical Offers, who is offering Supplies and Services or Architectural, Engineering or Land Surveying Services, or Related Services, that have been manufactured or produced in Oregon. For the purposes of this Rule only, Supplies and Services includes Architectural, Engineering or Land Surveying Services, or Related Services; see OAR 125-248-0230(2).
  • (b) If two or more Offerors submit identical Offers, and they all offer Supplies and Services manufactured or produced in Oregon, the Authorized Agency must award the Contract by drawing lots among the identical Offers.
  • (c) If the Authorized Agency receives identical Offers, and none of the identical Offers offer Supplies and Services manufactured or produced in Oregon, then the Authorized Agency must award the Contract by drawing lots among the identical Offers. The Offerors that submitted the identical Offers subject to the drawing of lots must be given notice and an opportunity to be present when the lots are drawn. The Authorized Agency must provide to the Offerors who submitted the identical Offers notice of the date, time and location of the drawing lots and an opportunity for these Offerors to be present when the lots are drawn.
  • (d) Offers received in response to an Intermedaite Procurement are identical if the Offers equally best serve the interests of the Authorized Agency in accordance with ORS 279B.070(4).
• (2) Determining if Offers are Identical. An Authorized Agency must consider Offers identical in price, fitness, availability and quality as follows:
  • (a) Bids received in response to an Invitation to Bid are identical in price, fitness, availability and quality if the Bids are Responsive and offer the Supplies and Services described in the Invitation to Bid at the same price.
  • (b) Offers received in response to a Request for Proposals are identical in price, fitness, availability and quality if they are Responsive and achieve equal scores when scored in accordance with the evaluation criteria set forth in the Request for Proposals. While qualifications are the primary criteria, whenever an Authorized Agency determines that the Services offered by two or more individuals or firms are equally able to meet that Agency's needs and are of equal value, that Agency must award the Contract to the individual or firm offering the Service at the lowest price.
  • (c) Proposals received in response to a Special Procurement conducted pursuant to ORS 279B.085 are identical in price, fitness, availability and quality if, after completing the contracting procedure approved by the State Procurement Office, the Authorized Agency determines, in Writing, that two or more Proposals are equally Advantageous to the Authorized Agency.
• (3) Determining if Supplies and Services are Manufactured or Produced in Oregon. For the purposes of complying with Section 1 of this Rule, Authorized Agencies must determine whether a Contract is predominantly for Goods, Trade Services or Personal Services and then use the predominant purpose to determine if the Goods, Trade Services or Personal Services are manufactured or produced in Oregon. Authorized Agencies may request, either in a Solicitation Document, following Closing, or at any other time the Authorized Agency determines is appropriate, any information the Authorized Agency may need to determine if the Supplies and Services are manufactured or produced in Oregon. An Authorized Agency may use any reasonable criteria to determine if Supplies and Services are manufactured or produced in Oregon, provided that the criteria reasonably relate to that determination, and provided that the Authorized Agency applies those criteria equally to each Offer.
• (4) Procedure for Drawing Lots. When the Rule calls for the drawing of lots, the Authorized Agency must draw lots by a procedure that affords each Offeror subject to the drawing a substantially equal probability of selection, and that does not allow the person making the selection the opportunity to manipulate the drawing of lots to increase the probability of selecting one Offeror over another.

125-246-0310. Reciprocal Preferences
When evaluating Offers pursuant to OAR 125-247-0255 through 125-247-0261, 125-249-0390 or 125-249-0640 through 125-249-0660, Authorized Agencies must add a percentage increase to the Offer of a Nonresident Offeror equal to the percentage, if any, of the preference that would be given to that Offeror in the state in which the Offeror resides. An Authorized Agency may rely on the list prepared and maintained by the Department pursuant to ORS 279A.120(4) to determine both:

• (1) Whether the Nonresident Offeror's state gives preference to in-state Offerors; and
• (2) The amount of such preference.

125-246-0322. Preference for Recycled Materials

• (1) Notwithstanding provisions of law requiring an Authorized Agency to award a Contract to the lowest or best Offer of a Provider, and in accordance with ORS 279A.125 and Subsection (2) of this Section, an Authorized Agency charged with the Procurement of Goods for any public use must give preference to the Procurement of Goods manufactured from Recycled Materials whenever the Authorized Agency uses Competitive Sealed Bidding or Competitive Sealed Proposals pursuant to ORS 279B.055 or 279B.060, respectively, and as set forth in this Rule.
• (2) In comparing Goods from two or more Offerors, if at least one Provider offers Goods manufactured from Recycled Materials and at least one Provider does not, an Authorized Agency must select the Provider offering Goods manufactured from Recycled Materials if each of the following four conditions exists:
  • (a) The Recycled Product is available;
  • (b) The Recycled Product meets applicable standards;
  • (c) The Recycled Product can be substituted for a comparable non-recycled product; and
  • (d) The Recycled Product's costs do not exceed the costs of non-recycled products by more than five percent (5%), or a higher percentage if a Written determination is made by the Authorized Agency and set forth in the Solicitation Document. When making this determination, the Authorized Agency must consider the costs of the Goods following any adjustments the Authorized Agency makes to the price of the Goods after evaluation pursuant to OAR 125-246-0310.
• (3) For the purposes of this Section, an Authorized Agency must determine if Goods are manufactured from Recycled Materials in accordance with standards established by the State Procurement Office
• (4) Providers must certify in their Offers:
  • (a) The minimum, if not exact, percentage of Recycled Product in all materials and supplies offered; and
  • (b) Both the post-consumer and secondary waste content thereof. Providers may certify a zero percent Recycled Product content. This certification applies to Public Improvement products and all other Procurements.
• (5) To be eligible for a preference under ORS 279A.125 and this Rule:
  • (a) The Provider must indicate which materials and supplies contain verifiable recycled content; and
  • (b) Such products must meet the requirements of ORS 279A.125 and this Rule.
• (6) A preference under ORS 279A.125 will only be applied to those products in the Offer that contain verifiable recycled content.
• (7) Offers that contain false information about (i) the percentage of Recycled Product, post-consumer and secondary waste content, or (ii) verifiable recycled content, must be rejected as nonresponsive, and the Provider offering false information may be deemed non-responsible.
• (8) Contracts awarded as a result of a preference under ORS 279A.125 are subject to such investigation, including but not limited to, audits, plant visitations, examination of invoices, laboratory analysis, and other documents, etc., as the Department deems necessary to confirm that the products supplied therein contain the percentages of Recycled Product, post-consumer and secondary waste stated in the Offer.
• (9) Failure to provide products containing the percentages of Recycled Product, post-consumer and secondary waste stated in the Offer may result in:
  • (a) The Provider reimbursing the State for the portion of the Contract Price that is attributable to the preference applied under ORS 279A.125;
  • (b) Contract termination; or
  • (c) Both (a) and (b), or such other remedies as the Department deems appropriate.

Pennsylvania

Pennsylvania Consolidated Statutes - http://www.legis.state.pa.us/cfdocs/legis/LI/Public/cons_index.cfm

Title 62. Procurement
Part I. Commonwealth Procurement Code

§ 107. Reciprocal limitations

• (a) Short title of section.--This section shall be known and may be cited as the Reciprocal Limitations Act.
• (b) Legislative findings.--It is hereby determined by the General Assembly to reaffirm the legislative findings contained in the act of November 28, 1986 (P.L. 1465, No. 146), [FN1] known as the Reciprocal Limitations Act, and codified in this section:
  • (1) The award of contracts to the lowest responsible bidder generally provides for the most economical procurement of supplies and construction.
  • (2) In some cases, award to the lowest responsible bidder may not be the most economical and practicable when the best interests of the Commonwealth are concerned.
  • (3) Some states apply a preference favoring in-state supplies or bidders or they apply a prohibition against the use of out-of-state supplies or bidders.
  • (4) The application of this preference or prohibition by other states diminishes or eliminates opportunities for bidders and manufacturers who reside in this Commonwealth to obtain construction contracts from or to sell supplies to states that have this preference, thereby resulting in the loss of business for resident bidders and manufacturers. Therefore, in order to offset or counteract the discriminatory practices of other states, discourage other states from applying a preference and ultimately to aid employment, help business and industry located in this Commonwealth, attract new business and industry to this Commonwealth and provide additional tax revenue both from those receiving contracts and those employed by contractors, the General Assembly hereby declares that it is the policy of this Commonwealth to respond in like manner against those states that apply preferences or prohibitions by giving a similar offsetting preference to residents in this Commonwealth and bidders offering supplies manufactured in this Commonwealth and by prohibiting the purchase or use of certain supplies, in accordance with the provisions of this section.
• (c) Preference for supplies.--In all procurements of supplies exceeding the amount established by the department for small procurements under section 514 (relating to small procurements), all Commonwealth agencies shall give preference to those bidders or offerors offering supplies produced, manufactured, mined, grown or performed in this Commonwealth as against those bidders or offerors offering supplies produced, manufactured, mined, grown or performed in any state that gives or requires a preference to supplies produced, manufactured, mined, grown or performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply.
• (d) Preference for resident bidders or offerors.--When a contract for construction or supplies exceeding the amount established by the department for small procurements under section 514 is to be awarded, a resident bidder or offeror shall be granted a preference as against a nonresident bidder or offeror from any state that gives or requires a preference to bidders or offerors from that state. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder or offeror.
• (e) Prohibition.--For all contracts for construction or supplies exceeding the amount established by the department for small procurements under section 514, no Commonwealth agency shall specify for, use or procure any supplies which are produced, manufactured, mined, grown or performed in any state that prohibits the specification for, use or procurement of these supplies in or on its public buildings or other works when these supplies are not produced, manufactured, mined, grown or performed in that state.
• (f) Listing discriminating states.--The department shall prepare a list of the states which apply a preference favoring in-state supplies or bidders or offerors or a prohibition against the use of out-of-state supplies or bidders or offerors and shall publish the list in the Pennsylvania Bulletin. When a state applies a new preference or prohibition, the department shall publish that information in the Pennsylvania Bulletin as an addition to the original list.
• (g) Inclusion in invitation for bids or request for proposals.--In all invitations for bids and requests for proposals for the procurement of supplies exceeding the amount established by the department for small procurements under section 514, all Commonwealth agencies shall include a list of all the states that have been found by the department to have applied a preference favoring in-state supplies, bidders or offerors and the amount of the preference. All invitations for bids, requests for proposals and notices issued for the purpose of securing bids or proposals for contracts for construction or supplies exceeding the amount established by the department for small procurements under section 514 shall include a list of all states that have been found by the department to have applied a preference for in-state bidders or offerors and the amount of the preference. All invitations for bids, requests for proposals and notices issued for the purpose of securing bids or proposals for contracts for construction or supplies exceeding the amount established by the purchasing agency for small procurements under section 514 shall also include a list of all states that apply a prohibition against certain supplies and shall inform potential bidders or offerors that they are prohibited from using supplies from those states. If a bid or proposal discloses that the bidder or offeror is offering supplies from a state which prohibits the use of out-of-state supplies, the bid or proposal shall be rejected.
• (h) Federal funds.--The provisions of this section shall not be applicable when the application of this section may jeopardize the receipt of Federal funds.
• (i) Waiver.--The provisions of this section may be waived when the head of the purchasing agency determines in writing that it is in the best interests of the Commonwealth.
• (j) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
  • "Resident bidder or offeror." A person, partnership, corporation or other business entity authorized to transact business in this Commonwealth and having a bona fide establishment for transacting business in this Commonwealth at which it was transacting business on the date when bids or proposals for the public contract were first solicited.

§ 108. Recycled materials
(b) Preference for recycled content.--For contracts exceeding the amount established by the department for small procurements under section 514 (relating to small procurements), the contracting officer shall comply with section 1505 [FN2] of the Municipal Waste Planning, Recycling and Waste Reduction Act regarding a preference for bids containing a minimum percentage of recycled content for the supply subject to the bid.

Part II. General Procurement Provisions
Chapter 37. Contract Clauses and Preference Provisions
Subchapter D. Used Oil Products
§ 3746. Preference
As provided for in the act of April 9, 1982 (P.L. 314, No. 89), [FN1] known as the Pennsylvania Used Oil Recycling Act, government agencies and persons holding contracts with government agencies shall encourage and, to the extent possible, require the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.

Pennsylvania Statutes (Unconsolidated) - http://www.legis.state.pa.us/cfdocs/legis/LI/Public/ucons_index.cfm

Title 71. State Government
I. The Administrative Codes and Related Provisions
Chapter 6. Provisions Similar or Closely Related to Provisions of the Administrative Code
Trade Practices

§ 773.101. Findings
It is hereby determined by the General Assembly of Pennsylvania and declared as a matter of legislative findings that:

• (1) It has long been the policy of the Commonwealth not to purchase any supplies, equipment, or materials manufactured in any foreign country which prohibits the specification for or use of supplies, equipment, or materials manufactured in Pennsylvania.
• (2) Many world trading countries, directly or indirectly by statute, regulation, policy, procedure, or practice, grant or bestow a preference for supplies, equipment or materials manufactured in their country, thereby discriminating against the use of supplies, equipment or materials manufactured in the [FN1] Commonwealth.

The Pennsylvania General Assembly therefore declares it to be the policy of the Commonwealth that aluminum and steel products made in the United States should be purchased by all public agencies in preference to aluminum and steel products made in foreign countries which discriminate against supplies, equipment or materials manufactured in Pennsylvania.

§ 773.104. Preference
If all considerations in or affecting a bid or a bidder are equal, each public agency shall give preference to aluminum and steel products made in the United States.

Rhode Island

State of Rhode Island General Laws - http://www.rilin.state.ri.us/Statutes/

Title 21. Food and Drugs
Chapter 21-4.1. Milk Commission

§ 21-4.1-8 Preference. - Notwithstanding any provisions to the contrary contained in chapter 2 of title 37 or in any city or town charter or ordinance, any Rhode Island milk processor or distributor which bids on any state, city, town, or regional school district contract for the purchase of milk within this state shall be entitled to and shall be given a percentage preference of one quarter of one percent (0.25%) over any out-of-state milk provider or distributor bidding on the same contract.

Title 23. Health and Safety
Chapter 23-24.9. Mercury Reduction and Education Act

§ 23-24.9-15 State procurement preferences for low or nonmercury-added products.

• (a) Notwithstanding other policies and guidelines for the procurement of equipment, supplies, and other products, the Rhode Island department of administration shall by January 1, 2003, revise its policies, rules and procedures to implement the purposes of this chapter.
• (b) The Rhode Island department of administration shall give priority and preference to the purchase of equipment, supplies, and other products that do not contain mercury-added compounds or components, unless there is no economically feasible nonmercury-added alternative that performs a similar function. In circumstances where a nonmercury-added product is not available, preference shall be given to the purchase of products that contain the least amount of mercury-added to the product necessary for the required performance.

Title 37. Public Property and Works
Chapter 37-2. State Purchases

§ 37-2-8 Rhode Island foodstuffs. - When foodstuffs of good quality grown or produced in Rhode Island by Rhode Island farmers are available, the purchasing agent is directed to purchase those foodstuffs at the prevailing market prices when any of those foodstuffs are required by the state institutions.

§ 37-2-59.1 Selection of professionals with place of business located in Rhode Island. - The state of Rhode Island and Providence Plantations has a large number of architectural, engineering, and consulting firms well qualified in their fields of endeavor. In instances where contracts are entirely supported by state funds, it is in the best interest of the state pursuant to the provisions of §§ 37-2-59 - 37-2-69 that all other things being equal, the services of these qualified and capable professionals with offices in Rhode Island, or secondly those professionals who propose a joint venture with a Rhode Island firm, be utilized.

§ 37-2-75 Prohibition against the use of lead based paints. - When purchasing paint products or contracting or subcontracting for painting, construction, improvement, completion, or repair of any public building, any public road, any public bridge, or any public construction, all governmental bodies and public agencies, as defined by §§ 37-2-7(11) and 37-2-7(16), shall be prohibited from the use of lead based paint.

§ 37-2-76 State purchase of recycled products.

• (a) The state shall, through its purchasing policy and practice, affirmatively promote the use of recycled products. The department of administration in conjunction with the department of environmental management shall, through regulations, establish a time table requiring increased utilization by the state of recycled products. In January of each year, the department of administration shall report to the general assembly the state's progress in utilizing recycled products materials and supplies for the preceding twelve (12) months.
• (b) With respect to office paper products, at least fifty percent (50%) of the expenditure for office paper products purchased by the state of Rhode Island, its agencies, and departments, shall be recycled paper products by fiscal year 1995.
• (c) The department of administration in conjunction with the department of environmental management shall annually establish comprehensive technical specifications based on research by the department of environmental management for the recycled products, materials, and supplies to be purchased by the state under this section. These specifications shall include the minimum performance and quality attributes as well as minimum preconsumer and post-consumer content.
• (d) The director of the department of administration, acting as chief purchasing officer of the state, shall direct that all subsequent purchases of the subject recycled products, materials, and supplies by the state, its agencies, and departments shall meet the source certification of pre-consumer and/or post-consumer content standards established under subsection (c) of this section.

Chapter 37-2.1. Domestic Steel ("Steel Products Procurement Act")

§ 37-2.1-2 Purpose.
(c) The general assembly therefore declares it to be the policy of the state that all public officers and agencies should, at all times, aid and promote the development of the steel industry of the United States in order to stimulate and improve the economic well-being of the state and its people.

§ 37-2.1-3 Purchase of steel and steel products.

• (a) Every public agency shall require that every contract document for the construction, reconstruction, alteration, repair, improvement, or maintenance of public works contain a provision that if any steel products are to be used or supplied in the performance of the contract only steel products as herein defined shall be used or supplied in the performance of the contract or any subcontracts thereunder.
• (b) This section shall not apply in any case where the head of the public agency, in writing, determines that steel products as herein defined are not produced in or readily available in the United States or that the steel products shall not exceed fifteen percent (15%) of the costs of any other steel products obtainable nationally or internationally.

§ 37-2.1-5 Definitions.
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:

• (1) "Person" means natural persons as well as corporations, partnerships, business units, and associations;
• (2) "Public agency" means any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;
  • (i) The state and its departments, boards, commissions and agencies;
  • (ii) Cities, towns, school districts, and any other governmental unit or district; or
  • (iii) Any and all other public bodies, authorities, officers, agencies, or instrumentalities, whether exercising a governmental or proprietary function;
• (3) "Public works" means steel to construct, frame or reinforce any public structure, building, highway, waterway, street, bridge, transit system, airport, or other betterment, work, or improvement, whether of a permanent or temporary nature, and whether for governmental or proprietary use;
• (4) "Steel products" means products rolled, formed, shaped, drawn, extruded, forged, cast, fabricated, or otherwise similarly processed, or processed by a combination of two or more of these operations, from steel made in the United States by the open hearth, basic oxygen, electric furnace, Bessemer, or other steel making process; and
• (5) "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.

Chapter 37-2.2. Disability Business Enterprises

§ 37-2.2-3 Preference for products and services produced by persons with disabilities.

• (a) Whenever any products made, manufactured by, or services provided by nonprofit rehabilitation facilities, or in profit making facilities where sixty percent (60%) of the work hours or direct labor is performed by employees who are disabled, meet the requirements of any department, institution, or agency supported, in whole or in part, by the state as to quantity, quality, and price, those products shall have preference over products or services from other providers.
• (b) All departments, institutions, and agencies supported, in whole or in part, by the state shall purchase articles made or manufactured and services provided by persons with disabilities. Any political subdivision of the state may purchase those articles and services directly from those agencies.

§ 37-2.2-5 Nonapplicability to road and highway construction businesses. - Notwithstanding anything to the contrary, the provisions of this chapter shall not apply to any business whose primary business is road or highway construction.

Chapter 37-14.1. Minority Business Enterprise

§ 37-14.1-6 Minority business enterprise participation. - Minority business enterprises shall be included in all procurements and construction projects under this chapter and shall be awarded a minimum of ten percent (10%) of the dollar value of the entire procurement or project. The director of the department of administration is further authorized to establish by rules and regulation formulas for giving minority business enterprises a preference in contract and subcontract awards.

South Carolina

South Carolina Code of Laws - http://www.scstatehouse.gov/code/statmast.php

Title 11. Public Finance
Chapter 35. South Carolina Consolidated Procurement Code

SECTION 11-35-1520.Competitive sealed bidding.

• (9) Tie Bids. If two or more bidders are tied in price while otherwise meeting all of the required conditions, awards are determined in the following order of priority:
  • (a) If there is a South Carolina firm tied with an out-of-state firm, the award must be made automatically to the South Carolina firm.
  • (b) Tie bids involving South Carolina produced or manufactured products, when known, and items produced or manufactured out of the State must be resolved in favor of the South Carolina commodity.
  • (c) Tie bids involving a business certified by the South Carolina Office of Small and Minority Business Assistance as a Minority Business Enterprise must be resolved in favor of the Minority Business Enterprise.

SECTION 11-35-1524.Resident vendor preference.

• (A) A preference of seven percent must be provided to vendors who are residents of South Carolina or whose products are made, manufactured, or grown in South Carolina as set forth in this section.
• (B) As used in this section, unless the context indicates otherwise, the terms below have the following meanings:
  • (1) "Made" means to assemble, fabricate, or process component parts into a finished end-product, the value of which assembly, fabrication or processing is a significant portion of the value of the finished end-product.
  • (2) "Manufacture" means to make or process raw materials into a finished end-product.
  • (3) "Grown" means to produce, cultivate, raise, or harvest timber, agricultural produce, or livestock on the land, or to cultivate, raise, catch, or harvest products or food from the water which results in an end-product that is locally derived from the product cultivated, raised, caught, or harvested.
  • (4) "End-product" means the item sought by the governmental body of the State and described in the solicitation including all component parts and in final form and ready for the use intended by the governmental body.
  • (5) "Unreasonable Cost" means:
    • (a) the cost of an item from a resident vendor or an end-product made, manufactured, or grown in South Carolina is unreasonable if the bid exceeds by more than seven percent the lowest qualified bid on the same item or end-product which is made, manufactured, or grown in other states of the United States, or in a foreign country or territory;
    • (b) the cost of an end-product made, manufactured, or grown in other states of the United States is unreasonable if the bid exceeds by more than two percent the lowest qualified bid on the same or similar end-product which is made, manufactured, or grown in a foreign country or territory;
  • (6) "Resident vendor" means a vendor who is considered to be a resident of this State if the vendor:
    • (a) is an individual, partnership, association, or corporation that is authorized to transact business within the State,
    • (b) maintains an office in the State,
    • (c) maintains an inventory for expendable items which are representative of the general type of commodities on which the bid is submitted and located in South Carolina at the time of the bid having a total value of ten thousand dollars or more based on the bid price, but not to exceed the amount of the contract, or is a manufacturer which is headquartered and has at least a ten million dollar payroll in South Carolina and the product is made or processed from raw materials into a finished end-product by such manufacturer or an affiliate (as defined in Section 1563 of the Internal Revenue Code) of such manufacturer, and
    • (d) has paid all assessed taxes.
• (C) Application. Competitive procurements made by governmental bodies shall be made from vendors resident to South Carolina or vendors who bid end-products made, manufactured, or grown in South Carolina or in the United States if available, provided that
  • (1) the bidder has certified in writing in the bid that he or she is resident to the State, or
  • (2) the bidder has certified in writing in the bid that the end-product was made, manufactured, or grown in South Carolina or in the United States,
  • (3) the end-product is available, and
  • (4) the cost of the end-product is not unreasonable. In order to receive the award the vendor must be a responsible and responsive bidder, and the bid must otherwise comply with the Procurement Code and Regulations.
    In the case of a request for resident vendor status, this requirement shall apply to the entire solicitation. In the case of a request for end-product status, this requirement shall apply to each line item or each lot in a solicitation to which a separate, responsive bid may be made.
• (D) Exceptions. This section shall not apply:
  • (1) to any procurements conducted under Article 9 of the 1976 Code;
  • (2) to any prime contractor or subcontractor providing materials or services relating to permanent improvements to real estate;
  • (3) to any solicitation, bid, offer, or procurement when the price of a single unit of the end-product is more than thirty thousand dollars, whether or not more than one unit is bid or offered;
  • (4) to any solicitation, bid, offer, or procurement where the contract award is less than ten thousand dollars;
  • (5) to any solicitation conducted under Section 11-35-1530 of the 1976 Code; or
  • (6) to any solicitation, bid, offer, or procurement of motor vehicles as defined in Section 56-15-10.
• (F) If a vendor qualifies as a resident vendor and is bidding a product made, manufactured, or grown in South Carolina, an additional three percent preference must be given if claimed by the bidder.

SECTION 11-35-3215.Preference for resident design service; definitions; exceptions.

• (A) As used in this section:
  • (1) "Design services" means architect-engineer, construction management, or land surveying services as defined in Section 11-35-2910.
  • (2) "Resident" means a business that (i) employs, either directly or through consultants, an adequate number of persons domiciled in South Carolina or (ii) performs in South Carolina a majority of the design services involved in the procurement.
• (B) A business responding to an invitation involving design services shall submit a certification with its response stating whether the business is a resident for purposes of the procurement. Submission of a certification under false pretenses is grounds for suspension or debarment.
• (C) An award to a resident or nonresident of a contract involving design services must be supported by a written determination explaining why the award was made to the selected firm.
• (D) When qualifications appear to be equal, the resident firm must be selected.
• (E) This section does not apply to a procurement if either the procurement does not involve construction or the design services are a minor accompaniment to a contract for nondesign services.

South Dakota

South Dakota Codified Laws - http://legis.state.sd.us/statutes/index.aspx

Title 5. Public Property, Purchases and Contracts
Chapter 19. Residential Preference in Public Contracts

5-19-1. Preference for South Dakota products in public purchases. Every commission, board, committee, officer, or other governing body of this state or of any county, township, school district, municipality, and every person acting as contracting or purchasing agent for any such commission, board, committee, officer, or other governing body shall provide in its specifications for material, products, and supplies a specification for the furnishing of such materials, products, and supplies which are found, produced, or manufactured within the State of South Dakota and bids shall be received, under such specification, for such materials, products, and supplies which are found, produced, or manufactured within the State of South Dakota.

5-19-3. Residential preference in contracts for public works, improvements, or purchases. If a contract is let by the state, a department thereof, any county, municipality, school district, or other public corporation of the state for the erection, construction, alteration, or repair of any public building, other structure, or addition thereto, or for any public work or improvement or for the purchase of any goods, merchandise, supplies, or equipment of any character, the contract shall be let to the lowest responsible bidder. However, a resident bidder shall be allowed a preference on a contract against the bid of any bidder from any other state of the United States or any state or province of any foreign country which enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder shall be equal to the preference in the other state or province.

5-19-4. Persons entitled to residential preference. "Resident," as used in this chapter means any person who has been a bona fide resident of the state for one year or more immediately prior to bidding upon the contract; a partnership or association the majority of the members of which have been bona fide residents of the state for one year or more immediately prior to bidding upon the contract; a limited liability company organized under the laws of this state; a foreign limited liability company licensed to do business within this state pursuant to chapter 47-24A; a corporation organized under the laws of this state; a foreign corporation licensed to do business within this state pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive. All of the persons, partnerships, associations, limited liability companies, foreign limited liability companies, corporations, and foreign corporations licensed to do business within this state shall have maintained a substantial and bona fide place of business and have conducted business therefrom within this state for at least one year prior to the date on which a contract was awarded. A foreign corporation licensed pursuant to §§ 47- 1A-1501 to 47-1A-1532, inclusive, is not a resident as defined by this section if the state or country in which it is organized enforces or has a preference for resident bidders.

5-19-5. Restrictions on subcontracting to nonresidents. A successful bidder, resident or nonresident, shall not subcontract more than twenty percent of the work covered by his contract to nonresident subcontractors, provided that resident subcontractors are available and at competitive prices.

5-19-6. Contracts to prefer South Dakota labor and materials. Resident South Dakota laborers, workers, and mechanics shall be used upon all work mentioned in § 5-19-3 wherever possible, and any contract let shall so provide, provided further that South Dakota materials and products of equal quality and desirability shall have preference over materials and products produced outside of the state.

Chapter 20. Preference for Handicapped in Public Contracts

5-20-2. Preference to qualified agencies in public purchases. It shall be the duty of all public officials, boards, and commissions of the State of South Dakota, and its political subdivisions, which are authorized and empowered to award contracts for the purchase of goods and services for this state and its political subdivisions, to give preference to qualified agencies and to goods or custodial and maintenance services offered for sale by them, whenever the price, quality, and service are substantially equal.

Chapter 23. State Purchases and Printing

5-23-13. Preference to resident bidders and South Dakota products--Transportation considered in comparing prices. The Bureau of Administration shall in every case give preference to any person, firm, or corporation who has his or its principal place of business in the State of South Dakota and to goods manufactured in South Dakota, whenever the price, quality, and service are substantially equal. In computing relative price, the cost of transportation, if any, including delivery to the institution or department shall be considered.

5-23-21.2. Preference for resident bidders. The Bureau of Administration, and each other agency of the state, and each political subdivision of the state shall in every case give preference to any person, firm, or corporation who has his or its principal place of business in the state. However, a resident bidder may be allowed a preference on a contract against the bid of any bidder from any other state which enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder of this state shall be equal to the preference in the other state. Resident bidders of this state shall be given preferences on a contract against the bid of any bidder from any other state which enforces or has a preference for resident bidders in an amount equal to the preference in the other state on contracts involving funds obtained from the federal government unless expressly prohibited by the laws of the United States.

5-23-22.4. Purchase of recycled paper authorized--Requirements for percentage purchases of recycled paper.The Bureau of Administration, any other designated state purchasing agent, and any agency making purchases shall, to the extent practicable, make purchasing selections using specifications developed under § 34A-6-73 to maximize the purchase of materials utilizing recycled materials and recovered materials. Each agency shall ensure that recycled paper, as a percentage by weight of all paper products purchased by the agency in a fiscal year, is not less than the following:

• (1) FY 1993, fifteen percent of all purchased paper;
• (2) FY 1995, thirty percent of all purchased paper;
• (3) FY 1997, fifty percent of all purchased paper.

Thereafter, the percentage shall be at least fifty percent.

5-23-45. Preference in bids for recycled or starch-based materials not exceeding the lowest bid by ten percent. Notwithstanding provisions of law requiring a state agency or political subdivision of the state to enter into contracts with the lowest responsible bidder, any such agency or political subdivision charged with the purchase of materials and supplies for any public use may, in its discretion, give preference to the purchase of materials and supplies manufactured from recycled or starch-based materials. This preference is applicable only if the bids of the persons or manufacturing concerns supplying the recycled or starch-based materials, or the prices quoted by them, do not exceed by more than ten percent the lowest bid or prices quoted by persons and manufacturing concerns offering nonrecycled or nonstarch-based materials.

Tennessee

Tennessee Code Unannotated - http://www.lexisnexis.com/hottopics/tncode/

Title 12. Public Property, Printing and Contracts
Chapter 3. Public Purchases
Part 8. Tennessee Minority Owned, Women Owned and Small Business Procurement and Contracting

12-3-809. Preference to in-state meat producers by departments and agencies.
All departments, agencies and institutions of state government which purchase meat, meat food products or meat by-products (as defined in § 53-7-202) with state funds shall give preference to producers located within the boundaries of this state when awarding contracts or agreements for the purchase of such meat or meat products, so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere.

12-3-810. Preference to in-state meat producers by schools.
All public education institutions using state funds to purchase meat, meat food products, or meat by-products (as defined in § 53-7-202) shall give preference in awarding contracts or agreements for the purchase of such meat or meat products to producers located within the boundaries of this state so long as the terms, conditions and quality associated with the in-state producers' proposals are equal to those obtainable from producers located elsewhere.

12-3-811. Preference to in-state coal mining companies.
Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase coal mined in the state of Tennessee if such coal is available at a delivered price which is equal to or less than coal mined outside the state of Tennessee.

12-3-812. Preference to in-state natural gas producers.
Notwithstanding any provision of law to the contrary, all state agencies, departments, boards, commissions, institutions, institutions of higher education, schools and all other state entities shall purchase natural gas produced from wells located in the state of Tennessee if such gas is available at a price which is equal to or less than natural gas produced from wells located outside the state of Tennessee, transportation costs taken into account.

Chapter 4. Public Contracts
Part 1. General Provisions

12-4-109. Contracts for state services.
(e) The commissioner of finance and administration shall promulgate regulations pursuant to subdivision (a)(1)(A), authorizing a preference in the evaluation of proposals for state contracts requiring the performance of data entry or call center services, or both, for vendors through whom such services will be solely provided by citizens of the United States who reside within the United States, or any person authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States. Any vendor who receives such a preference in the evaluation process and is ultimately awarded such a contract shall provide such periodic assurances as the state shall require, that the services are solely provided by citizens of the United States who reside within the United States, or persons authorized to work in the United States pursuant to federal law, including legal resident aliens in the United States.

12-4-121. Procedure for giving preference to Tennessee products when purchasing goods.

• (a) Notwithstanding any other provision of law to the contrary, all departments and agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state or offered by Tennessee bidders as follows:
  • (1) Goods produced in this state or offered by Tennessee bidders shall equally be given preference if the cost to the state and quality are equal; and
  • (2) Agricultural products grown in this state shall be given first preference and agricultural products offered by Tennessee bidders shall be given second preference, if the cost to the state and quality are equal.
• (b) If goods, including agricultural products, produced or grown in this state or offered by Tennessee bidders are not equal in cost and quality to other products, then goods, including agricultural products, produced or grown in other states of the United States shall be given preference over foreign products if the cost to the state and quality are equal.
• (c) In this section:
  • (1) "Agricultural products" includes textiles and other similar products.
  • (2) "Tennessee bidder" means a business:
    • (A) Incorporated in this state;
    • (B) That has its principal place of business in this state; or
    • (C) That has an established physical presence in this state.
• (d) The commission and all state agencies making purchases of vegetation for landscaping purposes, including plants, shall give preference to Tennessee vegetation native to the region if the cost to the state is not greater and the quality is not inferior.
• (e) All departments and agencies procuring services shall give preference to services offered by a Tennessee bidder if:
  • (1) The services meet state requirements regarding the service to be performed and expected quality; and
  • (2) The cost of the service does not exceed the cost of other similar services of similar expected quality that are not offered by a Tennessee bidder.

Part 8. Bidding Preferences
12-4-802. Allowance of bidding preferences - Reciprocity.
Whenever the lowest responsible and responsive bidder on a public construction project in this state is a resident of another state which is contiguous to Tennessee and which allows a preference to a resident contractor of that state, a like reciprocal preference is allowed to the lowest responsible and responsive bidder on such project who is either a resident of this state or is a resident of another state which does not allow for a preference to a resident contractor of that state.

Texas

Texas Administrative Code - http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac

Title 16. Economic Regulation
Part 9. Texas Lottery Commission
Chapter 401. Administration of State Lottery Act
Subchapter A. Procurement

RULE §401.101 Lottery Procurement Procedures

• (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.
  • (8) Nonresident bidder or proposer--A bidder or proposer whose principal place of business is not in Texas. A proposer whose ultimate parent company or majority owner has its principal place of business in Texas is considered a resident bidder or proposer.
  • (9) Principal place of business in Texas--A business entity that has at least one office located in Texas, from which business activities other than submitting bids or proposals to governmental agencies are conducted, with at least one employee working in that office.
  • (10) Produced in Texas--Those goods that are manufactured in Texas, excluding the sole process of packaging or repackaging. Packaging or repackaging does not constitute being manufactured in Texas.
  • (12) Resident bidder or proposer--A bidder or proposer whose principal place of business is in Texas. A bidder or proposer whose ultimate parent company or majority owner has its principal place of business in Texas is considered a resident bidder or proposer.
• (e) Preferences.
  • (1) In the award of any contract for the purchase or lease of services, preference shall be given to a Texas resident bidder or proposer. Preference means the right of a Texas resident bidder or proposer to receive a contract award over a nonresident bidder or proposer, the cost to the state and quality being equal.
  • (2) In the award of any contract for the purchase or lease of goods, preference shall be given to goods produced in Texas. Goods produced in Texas shall have the same preference as services offered by a Texas resident bidder or proposer.
  • (3) In the award of any contract for the purchase or lease of goods or services where the goods or services produced in Texas or offered by a Texas resident bidder or proposer are not equal in cost and quality, preference shall be given to those goods or services produced in another state or offered by a bidder or proposer from another state over those goods or services produced in a foreign country or offered by a bidder or proposer from a foreign country, the cost to the state and quality being equal.
  • (4) After application of the preferences established in paragraphs (1)-(3) of this subsection, preference shall be given to a minority business, as defined in the State Lottery Act, Texas Government Code, §466.107.
  • (5) If, after application of the preferences established in paragraphs (1)-(4) of this subsection, a tie continues, the contract award shall be made by the drawing of lots.
  • (6) A bidder or proposer entitled to a preference(s) under this subsection should claim the preference(s) in its bid or proposal.

Title 34. Public Finance
Part 1. Comptroller of Public Accounts
Chapter 20. Texas Procurement and Support Services
Subchapter C. Procurement

RULE §20.38 Preferences

• (a) Claiming a preference. To claim a preference, a bidder shall mark the appropriate box on the face of the bid invitation. If the appropriate box is not marked, a preference will not be granted unless other documents included in the bid show a right to the preference.
• (b) Preferences.
  • (1) Texas bidders.
    • (A) A Texas bidder shall be given preference over a nonresident bidder when the cost, and quality of the goods or services are equal.
    • (B) The commission may award a contract to a nonresident bidder only if its bid is lower than the lowest bid submitted by a responsible Texas bidder by the same amount that a Texas bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state where the nonresident's principal place of business is located. In evaluating a bid of a nonresident bidder, an amount will be added equal to the amount a Texas bidder would be required to underbid a nonresident bidder to obtain a comparable contract in the state where the nonresident bidder's principal place of business is located, otherwise known as reciprocal preference. After the amount is added, an award may be made to the nonresident bidder if it is determined to have the lowest price and best bid. The amount added is for evaluation purposes only; in no event shall an amount be awarded in excess of the amount actually bid.
  • (2) Texas and United States products and Texas services.
    • (A) Supplies, materials, or equipment produced in Texas shall be given preference over comparable goods produced outside Texas when the cost and quality of the goods are equal. Supplies, materials, and equipment are considered to be produced in Texas if they are manufactured in Texas; "manufactured" does not include the work of packaging or repackaging.
    • (B) Agricultural products grown in Texas and offered by a Texas Bidder shall be given preference over comparable products grown outside Texas when the cost and quality of the goods are equal. Agricultural products are considered grown in Texas if they contain any amount grown in Texas. In case of tie bids between agricultural products claiming the preference, the bidder whose product contains the greatest percentage of the product grown in Texas will prevail. For purposes of this preference, agricultural products include, among other things, textiles and fiber products, processed and unprocessed foods, feed, lumber and forestry products, live animals, plants, flowers, and nursery stock.
    • (C) Supplies, materials, equipment, or agricultural products produced or grown in the United States shall be given preference over foreign products when the cost and quality are equal, if comparable goods of equal cost and quality produced or grown in Texas or offered by Texas bidders are not available.
    • (D) Services offered by a Texas bidder shall be given preference if the services meet state requirements regarding the service to be performed and expected quality; and the cost of the service does not exceed the cost of other similar services of similar expected quality that are not offered by a Texas bidder.
  • (3) Products of persons with mental or physical disabilities. A preference shall be given to manufactured products of workshops, organizations, or corporations whose primary purpose is training and employing persons with mental or physical disabilities, if the products meet state specifications as to quantity, quality, and price. Competitive bids are not required for purchases of blind-made goods or services offered as a result of efforts by the Texas Council on Purchasing from People with Disabilities, if the goods or services meet state specifications as to quantity, quality, price, delivery, life cycle costs, and costs no more than the fair market price of similar items.
  • (4) Recycled, remanufactured or environmentally sensitive products. A preference shall be given to recycled, remanufactured or environmentally sensitive products, including recycled steel products, if the products meet state specifications as to quantity and quality and defined best value factors. The preference for recycled steel products applies also to products purchased in connection with projects described in the Texas Government Code, §2166.003.
  • (5) Energy efficient products. A preference shall be given to energy efficient products if they meet state requirements as to quantity and quality, and are equal to or less than the cost of other products offered. This preference shall be applied by evaluating the energy use of the products offered and considering the costs of such energy use over the expected life of the equipment. The methodology for evaluating energy use and costs shall be included in the bid invitation.
  • (6) Rubberized asphalt paving material. A preference shall be given to rubberized asphalt paving material made from scrap tires by a facility in this state if the cost, as determined by life-cycle cost benefit analysis, does not exceed the bid cost of alternative paving materials by more than 15%.
  • (7) Recycled motor oil and lubricants. A preference shall be given to motor oils and lubricants that contain at least 25% recycled oil if the quality is comparable and the cost is equal to or less than new oil and lubricants.
  • (8) Products and services from economically depressed or blighted areas as defined in Texas Government Code, §2306.004 or that meet the definition of a historically underutilized business zone as defined by 15 U.S.C. §632(p). Preference shall be given to products from economically depressed or blighted areas if they meet state requirements as to quantity and quality, and are equal to or less than the cost of other products offered.
  • (9) Products produced at a facility located on property for which the owner has received a certificate of completion under §361.609, Health and Safety Code, if the goods meet state specifications regarding quantity, quality, delivery, life cycle costs, and price.
  • (10) Vendors that meet or exceed air quality standards.
    • (A) For contracts to be performed, in whole or in part, in a designated nonattainment area or an affected county, as those terms are defined by §386.001, Health and Safety Code, the Commission and state agencies procuring goods and services may:
      • (i) give preference to goods or services of a vendor that demonstrates that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality; or,
      • (ii) require that a vendor demonstrate that the vendor meets or exceeds any state or federal environmental standards, including voluntary standards, relating to air quality.
    • (B) The preference may be given only if the cost to the state for the goods and services would not exceed 105% of the cost of the goods or services provided by a vendor who does not meet the standards.
    • (C) When this preference is made available, the methodology for claiming, evaluating and granting the preference shall be included in the Commission's and other state agencies' solicitations. The application of the preference should encourage vendor innovation to achieve the clean air objectives as described in the solicitation.

Texas Government Code - http://www.statutes.legis.state.tx.us/

Title 4. Executive Branch
Chapter 466. State Lottery

§ 466.106. Preference for Texas Businesses.

• (a) In all contracts for lottery equipment, supplies, services, and advertising, the commission and each lottery operator shall give preference to equipment or supplies produced in this state or services or advertising offered by bidders from this state, the cost to the state and quality being equal.
• (b) If equipment or supplies produced in this state or services or advertising offered by a bidder from this state are not equal in cost and quality, then equipment or supplies produced in another state or services or advertising offered by a bidder from another state shall be given preference over foreign equipment, supplies, services, or advertising.

Title 10. General Government
Chapter 2155. Purchasing: General Rules and Procedures

§ 2155.444. Preference to Texas and United States Products and Texas Services.

• (a) The commission and all state agencies making purchases of goods, including agricultural products, shall give preference to those produced or grown in this state or offered by Texas bidders as follows:
  • (1) goods produced or offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident shall be given a first preference and goods produced in this state or offered by other Texas bidders shall be given second preference, if the cost to the state and quality are equal; and
  • (2) agricultural products grown in this state shall be given first preference and agricultural products offered by Texas bidders shall be given second preference, if the cost to the state and quality are equal.
• (b) If goods, including agricultural products, produced or grown in this state or offered by Texas bidders are not equal in cost and quality to other products, then goods, including agricultural products, produced or grown in other states of the United States shall be given preference over foreign products if the cost to the state and quality are equal.
• (c) In this section:
  • (1) "Agricultural products" includes textiles and other similar products.
    • (1-a) "Service-disabled veteran" means a person who is a veteran as defined by 38 U.S.C. Section 101(2) and who has a service-connected disability as defined by 38 U.S.C. Section 101(16).
  • (2) "Texas bidder" means a business:
    • (A) incorporated in this state;
    • (B) that has its principal place of business in this state; or
    • (C) that has an established physical presence in this state.
• (d) The commission and all state agencies making purchase of vegetation for landscaping purposes, including plants, shall give preference to Texas vegetation native to the region if the cost to the state is not greater and the quality is not inferior.
• (e) The commission and all state agencies procuring services shall give first preference to services offered by a Texas bidder that is owned by a service-disabled veteran who is a Texas resident and shall give second preference to services offered by other Texas bidders if:
  • (1) the services meet state requirements regarding the service to be performed and expected quality; and
  • (2) the cost of the service does not exceed the cost of other similar services of similar expected quality that are offered by a bidder that is not entitled to a preference under this subsection.

Chapter 2171. Travel and Vehicle Fleet Services

§ 2171.052. Contracts with Providers of Travel Services.
(c) The commission may make contracts with travel agents that meet certain reasonable requirements prescribed by the central travel office, with preference given to resident entities of this state.

Chapter 2252. Contracts with Governmental Entity
Subchapter A. Nonresident Bidders

§ 2252.001. Definitions.
In this subchapter:

• (3) "Nonresident bidder" refers to a person who is not a resident.
• (4) "Resident bidder" refers to a person whose principal place of business is in this state, including a contractor whose ultimate parent company or majority owner has its principal place of business in this state.

§ 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER.
A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.

Chapter 2254. Professional and Consulting Services
§ 2254.027. Selection of Consultant.
In selecting a consultant, a state agency shall:

• (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and
• (2) if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

Utah

Utah Code - Statutes and Constitution - http://www.le.state.ut.us/~code/code.htm

Title 63. State Affairs in General
Chapter 56. Utah Procurement Code

63-56-404. Preference for providers of state products.

• (1)
  • (a) All public procurement units shall, in all purchases of goods, supplies, equipment, materials, and printing, give a reciprocal preference to those bidders offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah as against those bidders offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in that state.
  • (b) The amount of reciprocal preference shall be equal to the amount of the preference applied by the other state for that particular good, supply, equipment, material, or printing.
  • (c)
    • (i) The bidder shall certify on the bid that the goods, supplies, equipment, materials, or printing offered are produced, manufactured, mined, grown, or performed in Utah.
    • (ii) The reciprocal preference is waived if that certification does not appear on the bid.
• (2)
  • (a) If the bidder submitting the lowest responsive and responsible bid offers goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in a state that gives or requires a preference, and if another bidder has submitted a responsive and responsible bid offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal preference, his bid is equal to or less than the original lowest bid, the procurement officer shall:
    • (i) give notice to the bidder offering goods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utah that he qualifies as a preferred bidder; and
    • (ii) make the purchase from the preferred bidder if, within 72 hours after notification to him that he is a preferred bidder, he agrees, in writing, to meet the low bid.
  • (b) The procurement officer shall include the exact price submitted by the lowest bidder in the notice he submits to the preferred bidder.
  • (c) The procurement officer may not enter into a contract with any other bidder for the purchase until 72 hours have elapsed after notification to the preferred bidder.
• (3)
  • (a) If there is more than one preferred bidder, the procurement officer shall award the contract to the willing preferred bidder who was the lowest preferred bidder originally.
  • (b) If there were two or more equally low preferred bidders, the procurement officer shall comply with the rules adopted by the Procurement Policy Board to determine which bidder should be awarded the contract.
• (4) The provisions of this section do not apply if application of this section might jeopardize the receipt of federal funds.

63-56-405. Preference for resident contractors.

• (1) As used in this section, "resident contractor" means a person, partnership, corporation, or other business entity that:
  • (a) either has its principal place of business in Utah or that employs workers who are residents of this state when available; and
  • (b) was transacting business on the date when bids for the public contract were first solicited.
• (2)
  • (a) When awarding contracts for construction, a public procurement unit shall grant a resident contractor a reciprocal preference as against a nonresident contractor from any state that gives or requires a preference to contractors from that state.
  • (b) The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident contractor.
• (3)
  • (a) The bidder shall certify on the bid that he qualifies as a resident contractor.
  • (b) The reciprocal preference is waived if that certification does not appear on the bid.
• (4)
  • (a) If the contractor submitting the lowest responsive and responsible bid is not a resident contractor and has his principal place of business in any state that gives or requires a preference to contractors from that state, and if a resident contractor has also submitted a responsive and responsible bid, and, with the benefit of the reciprocal preference, the resident contractor's bid is equal to or less than the original lowest bid, the procurement officer shall:
    • (i) give notice to the resident contractor that he qualifies as a preferred resident contractor; and
    • (ii) issue the contract to the resident contractor if, within 72 hours after notification to him that he is a preferred resident contractor, he agrees, in writing, to meet the low bid.
  • (b) The procurement officer shall include the exact price submitted by the lowest bidder in the notice he submits to the preferred resident contractor.
  • (c) The procurement officer may not enter into a contract with any other bidder for the construction until 72 hours have elapsed after notification to the preferred resident contractor.
• (5)
  • (a) If there is more than one preferred resident contractor, the procurement officer shall award the contract to the willing preferred resident contractor who was the lowest preferred resident contractor originally.
  • (b) If there were two or more equally low preferred resident contractors, the procurement officer shall comply with the rules adopted by the Procurement Policy Board to determine which bidder should be awarded the contract.
  • (6) The provisions of this section do not apply if application of this section might jeopardize the receipt of federal funds.

63-56-406. Preference for recycled paper and paper products.

• (1) As used in this section:
  • (a) "Chief procurement officer" is the chief procurement officer appointed under Section 63-56-203
  • (b) "Paper" means any newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, mimeographic paper, duplicator paper, and related types of cellulosic material containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants.
  • (c) "Paper product" means any paper items or commodities, including paper napkins, towels, corrugated and other cardboard, toilet tissue, paper and related types of cellulosic products containing not more than 10% by weight or volume of noncellulosic material such as laminates, binders, coatings, or saturants. "Paper product" does not include preprinted cellulosic products such as books, newspapers, calendars, and magazines.
  • (d) "Postconsumer waste," "recycled paper," "recycled paper product," and "secondary waste paper material" are defined by rule made by the Division of Purchasing, Department of Administrative Services. The division rules shall be based on current definitions and standards employed by national procurement, product recycling, and other relevant organizations such as the federal Environmental Protection Agency.
• (2) Notwithstanding Section 63-56-401, which requires public procurement units to purchase products from the lowest responsible bidder, and subject to Subsection (3), every public procurement unit shall give preference to the purchase of paper and paper products which are manufactured or produced from recycled materials.
• (3) A public procurement unit shall give preference to purchasing recycled paper and recycled paper products unless:
  • (a) the bid or purchase price for recycled paper or paper products exceeds by more than 5% the lowest responsive and responsible bidder whose bid meets the requirements and criteria set forth in the invitation for bids;
  • (b) there is no recycled paper or paper product reasonably available that meets the requirements and criteria set forth in the invitation for bids; or
  • (c) the public procurement unit has purchased at least the minimum percentage purchase requirement of recycled paper or recycled paper products as provided in Subsection (4).
• (4)
  • (a) The minimum percentage purchase requirement for fiscal year 1990-91 is 10% of the public procurement unit's projected annual paper and paper product purchases.
  • (b) The minimum percentage purchase requirement shall be increased by 5% each fiscal year until the minimum percentage purchase requirement is 50%.

Utah Administrative Code - http://www.rules.utah.gov/publicat/code.htm

Title 33. Purchasing and General Services
Chapter 3. Source Selection and Contract Formation

3-113 Tie Bids.

• (1) Definition. Tie bids are low responsive bids from responsible bidders that are identical in price.
• (2) Award. Award shall not be made by drawing lots, except as set forth below, or by dividing business among identical bidders. In the discretion of the procurement officer, award shall be made in any permissible manner that will discourage tie bids. Procedures which may be used to discourage tie bids include:
  • (d) award to a Utah resident bidder or for a Utah produced product where other tie bids are from out of state;

Vermont

Vermont Statutes Unannotated and Vermont Court Rules - http://www.lexisnexis.com/hottopics/vtstatutesconstctrules/

Title 6. Agriculture
Part 10. Vermont Agricultural Products
Chapter 207. State Agencies and State-Funded Institutions to Purchase Vermont Products

§ 4601. Vermont products.
When purchasing agricultural products, the secretary of administration, the secretary of buildings and general services and any state-funded institutions shall, other considerations being equal, purchase products grown or produced in Vermont when available and when they meet quality standards established by the secretary of agriculture, food and markets.

Title 29. Public Property and Supplies
Part 2. Supplies and Printing
Chapter 55. State Insurance

§ 1402. Preference to Vermont companies, agents
In the purchase of such insurance as authorized in section 1401 of this title, the commissioner of buildings and general services shall give preference to Vermont-domiciled companies and independent agents licensed in and resident in Vermont when consistent as to coverages, services and the best interests of the state. Nothing contained herein shall be considered or construed as meaning or intending to be more than a legislative declaration of intent and policy, and in effecting the intent and policy herein expressed, the decisions and actions of the department shall not be subject to judicial challenge.

Virginia

Code of Virginia - http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC

Title 2.2. Administration of Government
Chapter 43. Virginia Public Procurement Act

§ 2.2-4324. Preference for Virginia products with recycled content and for Virginia firms.

• A. In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or construction provided by Virginia persons, firms or corporations; otherwise the tie shall be decided by lot.
• B. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.
• C. Notwithstanding the provisions of subsections A and B, in the case of a tie bid in instances where goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

§ 2.2-4325. Preference for Virginia coal used in state facilities.
In determining the award of any contract for coal to be purchased for use in state facilities with state funds, the Department of General Services shall procure using competitive sealed bidding and shall award to the lowest responsive and responsible bidder offering coal mined in Virginia so long as its bid price is not more than four percent greater than the bid price of the low responsive and responsible bidder offering coal mined elsewhere.

§ 2.2-4326. Preference for recycled paper and paper products used by state agencies.

• A. In determining the award of any contract for paper and paper products to be purchased for use by agencies of the Commonwealth, the Department of General Services shall procure using competitive sealed bidding and shall award to the lowest responsible bidder offering recycled paper and paper products of a quality suitable for the purpose intended, so long as the bid price is not more than ten percent greater than the bid price of the low responsive and responsible bidder offering a product that does not qualify under subsection B.
• B. For purposes of this section, recycled paper and paper products means any paper or paper products meeting the EPA Recommended Content Standards as defined in 40 C.F.R. Part 247.

§ 2.2-4327. Preference for community reinvestment activities in contracts for investment of funds.
Notwithstanding any other provision of law, any county, town, or city that is authorized to and has established affordable housing programs may provide by resolution that in determining the award of any contract for time deposits or investment of its funds, the treasurer or director of finance of such county, town, or city may consider, in addition to the typical criteria, the investment activities of qualifying institutions that enhance the supply of, or accessibility to, affordable housing within the jurisdiction, including the accessibility of such housing to employees of the county, town, or city or employees of the local school board. No more than 50 percent of the funds of the county, town, or city, calculated on the basis of the average daily balance of the general fund during the previous fiscal year, may be deposited or invested by considering such investment activities as a factor in the award of a contract. A qualifying institution shall meet the provisions of the Virginia Security for Public Deposits Act (§ 2.2-4400 et seq.) and all local terms and conditions for security, liquidity and rate of return.

For the purposes of this section, affordable housing means the same as that term is defined in § 15.2-2201.

§ 2.2-4328. Preference for local products and firms; applicability.

• A. The governing body of a county, city or town may, in the case of a tie bid, give preference to goods, services and construction produced in such locality or provided by persons, firms or corporations having principal places of business in the locality, if such a choice is available; otherwise the tie shall be decided by lot, unless § 2.2-4324 applies.
• B. The provisions of this section shall apply only to bids submitted pursuant to a written Invitation to Bid.

Washington

Revised Code of Washington - http://apps.leg.wa.gov/rcw/

Title 43. State Government - Executive
Chapter 43.19. Department of General Administration

43.19.700
In-state preference clauses - Finding - Intent.
The legislature finds that in-state preference clauses used by other states in procuring goods and services have a discriminatory effect against Washington vendors with resulting harm to this state's revenues and the welfare of this state's citizens. Chapter 183, Laws of 1983 is intended to promote fairness in state government procurement by requiring that, when appropriate, Washington exercise reciprocity with those states having in-state preferences, and it shall be liberally construed to that effect.

43.19.704
Rules for reciprocity in bidding.
The director of general administration shall adopt and apply rules designed to provide for some reciprocity in bidding between Washington and those states having statutes or regulations on the list under RCW 43.19.702. The director of general administration shall have broad discretionary power in developing these rules and the rules shall provide for reciprocity only to the extent and in those instances where the director considers it appropriate. For the purpose of determining the lowest responsible bidder pursuant to RCW 43.19.1911, such rules shall (1) require the director to impose a reciprocity increase on bids when appropriate under the rules and (2) establish methods for determining the amount of the increase. In no instance shall such increase, if any, be paid to a vendor whose bid is accepted.

43.19.1911
Competitive bids - Notice of modification or cancellation - Cancellation requirements - Lowest responsible bidder - Preferential purchase - Life cycle costing.

• (1) Preservation of the integrity of the competitive bid system dictates that after competitive bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid pursuant to subsections (7) and (9) of this section, unless there is a compelling reason to reject all bids and cancel the solicitation.
• (7) In determining the lowest responsible bidder, the agency shall consider any preferences provided by law to Washington products and vendors and to RCW 43.19.704, and further, may take into consideration the quality of the articles proposed to be supplied, their conformity with specifications, the purposes for which required, and the times of delivery.

Washington Administrative Code - http://apps.leg.wa.gov/wac/

Title 236. General Administration, Department of
Chapter 236-48. Office of State Procurement
236-48-085 In-state preference bids.
The office of state procurement shall compile a list of each state, relating to state purchasing practices, whose statutes or regulations grant a preference to suppliers located within that state or goods manufactured within that state. This list shall be updated on an annual basis and shall include only those states with currently active in-state preference clauses for procuring goods and services and the list shall contain the percentage of preference allowed. States with only reciprocity legislation will not be included on the list. The office of state procurement shall compile the list and notify impacted state agency, college and university purchasing offices. In determining whether to assess a percentage increase against a bidder, and the amount of that increase, the purchasing activity will consider only the business address from which the bid or proposal was submitted. The purchasing activity will add the appropriate percentage increase to each bid or proposal bearing the address from a state with in-state preference rather than subtracting a like amount from Washington state bidders.

This action will be used only when evaluating bids or proposals for award. In no instance shall the increase be paid to a supplier whose bid is accepted.

This WAC section applies only to formal invitations for bid and requests for proposals solicited in accordance with chapter 43.19 RCW.

West Virginia

West Virginia Code - http://www.legis.state.wv.us/WVCODE/Code.cfm

Chapter 5A. Department of Administration
Article 3. Purchasing Division
§5A-3-37. Preference for resident vendors; preference for vendors employing state residents; preference for veteran residents; exceptions.

• (a) Other provisions of this article notwithstanding, effective the first day of July, one thousand nine hundred ninety, through the thirtieth day of June, one thousand nine hundred ninety-four, in any instance involving the purchase of construction services for the construction, repair or improvement of any buildings or portions thereof, where the total aggregate cost thereof, whether one or a series of contracts are awarded in completing the project, is estimated by the director to exceed the sum of fifty thousand dollars and where the director or any state department is required under the provisions of this article to make the purchase, construction, repair or improvement upon competitive bids, the successful bid shall be determined as provided in this section. Effective beginning the first day of July, one thousand nine hundred ninety-two, in any instance that a purchase of commodities or printing by the director or by a state department is required under the provisions of this article to be made upon competitive bids, the successful bid shall be determined as provided in this section. The Secretary of the Department of Revenue shall promulgate any rules necessary to: (i) Determine that vendors have met the residence requirements described in this section; (ii) establish the procedure for vendors to certify the residency requirements at the time of submitting their bids; (iii) establish a procedure to audit bids which make a claim for preference permitted by this section and to reject noncomplying bids; and (iv) otherwise accomplish the objectives of this section. In prescribing the rules, the secretary shall use a strict construction of the residence requirements set forth in this section. For purposes of this section, a successful bid shall be determined and accepted as follows:
  • (1) From an individual resident vendor who has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted or from a partnership, association, corporation resident vendor, or from a corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum of one hundred state residents and which has maintained its headquarters or principal place of business within West Virginia continuously for four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than two and one-half percent of the latter bid, and if the vendor has made written claim for the preference at the time the bid was submitted: Provided, That for purposes of this subdivision, any partnership, association or corporation resident vendor of this state, which does not meet the requirements of this subdivision solely because of the continuous four-year residence requirement, shall be considered to meet the requirement if at least eighty percent of the ownership interest of the resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the requirements of this subdivision, including the continuous four-year residency requirement: Provided, however, That the Secretary of the Department of Revenue shall promulgate rules relating to attribution of ownership among several resident vendors for purposes of determining the eighty percent ownership requirement; or
  • (2) From a resident vendor, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least seventy-five percent of the vendor's employees are residents of West Virginia who have resided in the state continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than two and one-half percent of the latter bid, and if the vendor has certified the residency requirements of this subdivision and made written claim for the preference, at the time the bid was submitted; or
  • (3) From a nonresident vendor, which employs a minimum of one hundred state residents or a nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principle place of business within West Virginia and which employs a minimum of one hundred state residents, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least seventy-five percent of the vendor's employees or the vendor's affiliate's or subsidiary's employees are residents of West Virginia who have resided in the state continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than two and one-half percent of the latter bid, and if the vendor has certified the residency requirements of this subdivision and made written claim for the preference, at the time the bid was submitted; or
  • (4) From a vendor who meets either the requirements of both subdivisions (1) and (2) of this subsection or subdivisions (1) and (3) of this subsection, if the bid does not exceed the lowest qualified bid from a nonresident vendor by more than five percent of the latter bid, and if the vendor has certified the residency requirements above and made written claim for the preference at the time the bid was submitted; or
  • (5) From an individual resident vendor who is a veteran of the United States armed forces, the reserves or the National Guard and has resided in West Virginia continuously for the four years immediately preceding the date on which the bid is submitted, if the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than three and one-half percent of the latter bid, and if the vendor has made written claim for the preference at the time the bid was submitted; or
  • (6) From a resident vendor who is a veteran of the United States armed forces, the reserves or the National Guard, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least seventy-five percent of the vendor's employees are residents of West Virginia who have resided in the state continuously for the two immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than three and one-half percent of the latter bid, and if the vendor has certified the residency requirements of this subdivision and made written claim for the preference, at the time the bid was submitted.
• (b) If the Secretary of the Department of Revenue determines under any audit procedure that a vendor who received a preference under this section fails to continue to meet the requirements for the preference at any time during the term of the project for which the preference was received the secretary may: (1) Reject the vendor's bid; or (2) assess a penalty against the vendor of not more than five percent of the vendor's bid on the project.
• (c) Political subdivisions of the state including county boards of education may grant the same preferences to any vendor of this state who has made a written claim for the preference at the time a bid is submitted, but for the purposes of this subsection, in determining the lowest bid, any political subdivision shall exclude from the bid the amount of business occupation taxes which must be paid by a resident vendor to any municipality within the county comprising or located within the political subdivision as a result of being awarded the contract which is the object of the bid; in the case of a bid received by a municipality, the municipality shall exclude only the business and occupation taxes as will be paid to the municipality: Provided, That prior to soliciting any competitive bids, any political subdivision may, by majority vote of all its members in a public meeting where all the votes are recorded, elect not to exclude from the bid the amount of business and occupation taxes as provided in this subsection.
• (d) If any of the requirements or provisions set forth in this section jeopardize the receipt of federal funds, then the requirement or provisions are void and of no force and effect for that specific project.
• (e) If any provision or clause of this section or application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.
• (f) This section may be cited as the "Jobs for West Virginians Act of 1990."

§5A-3-37a. Preference for resident vendors; exceptions; reciprocal preference.

Except where the provisions of section thirty-seven of this article may apply, in any instance where a purchase of commodities or printing by the director or by a state spending unit is required under the provisions of this article to be made upon competitive bids, preference shall be given to vendors resident in West Virginia as against vendors resident in any state that gives or requires a preference for the purchase of commodities or printing produced, manufactured or performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state.

A vendor shall be deemed to be a resident of this state if such vendor is an individual, partnership, association or corporation in good standing under the laws of the state of West Virginia who (1) is a resident of the state or a foreign corporation authorized to transact business in the state; (2) maintains an office in the state; (3) has paid personal property taxes pursuant to article five, chapter eleven of this code on equipment used in the regular course of supplying services of the general type offered; and (4) has paid business taxes pursuant to chapter eleven of this code. In addition, in the case of a vendor selling tangible personal property, a resident vendor is one who has a stock of materials held in West Virginia for sale in the ordinary course of business, which stock is of the general type offered, and which is reasonably sufficient in quantity to meet the ordinary requirements of customers.

If any of the requirements or provisions set forth in this section jeopardize the receipt of federal funds, then such requirements or provision shall be void and of no force and effect.

Chapter 18B. Higher Education
Article 5. Higher Education Budgets and Expenditures
§18B-5-4. Purchase or acquisition of materials, supplies, equipment, services and printing.
(g) When a purchase is to be made by bid, any or all bids may be rejected. However, all purchases based on advertised bid requests shall be awarded to the lowest responsible bidder taking into consideration the qualities of the articles to be supplied, their conformity with specifications, their suitability to the requirements of the governing boards, Council or Commission and delivery terms. The preference for resident vendors as provided in section thirty-seven, article three, chapter five-a of this code apply to the competitive bids made pursuant to this section.

West Virginia Code of State Rules - http://www.sos.wv.gov/administrative-law/index/Pages/default.aspx

Title 110. Interpretive Rule - Department of Tax and Revenue
Series 12C. Preference for Determining Successful Bids
110-12C-3. Preference-Construction Services.
For the period of July 1, 1990 through June 30, 1994, qualified bids for the purchase of construction services or for the construction, repair or improvement of any building or portion thereof, estimated to cost in excess of fifty thousand dollars ($50,000), whether issued as one contract or as a series of contracts, and competitively bid, may receive a maximum preference of five percent (5%). In order to be eligible for such preference, appropriate certification and application in writing must be made at the time the qualified bid is submitted.

3.1. A two and one-half percent (2.5%) preference will be provided for a qualified bid which is submitted by an individual resident vendor who has resided in West Virginia continuously for the four (4) years immediately preceding the date the qualified bid is submitted, or for a qualified bid which is submitted by a partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for the four (4) years immediately preceding the date the qualified bid is submitted.

3.1.1. A partnership, association or corporation shall be deemed to meet the four (4) year continuous residency requirement if at least eighty percent (80%) of the ownership interest of such resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the four (4) year continuous residency requirement.

3.1.2. The entity submitting a bid and requesting preference under Section 3.1 of these regulations must meet the requirements of such Section 3.1 and must actually be performing the services required as a regular commercial activity of the bidder or usually be supervising the performance of such services as a general contractor. If a bidder has changed the name under which it does business and such former entity meets the requirements of this Section 3.1, then the bidder shall be deemed to meet the requirements of this Section 3.1 if the activity and residence of the bidder have not changed in a material manner subsequent to the effective date of the name change.

3.2. A two and one-half percent (2.5%) preference will be provided for a qualified bid which is submitted by a resident or nonresident vendor which certifies that on an average at least sixty percent (60%) of the employees working on the project being bid will be persons who have been residents of West Virginia continuously for the two (2) years immediately preceding submission of the bid. Bidders shall be responsible for ensuring subcontractor compliance with the sixty percent (60%) requirement.

3.3. A qualified bid may receive a five percent (5%) preference if the vendor submitting that bid meets both requirements as specified in the foregoing subsections 3.1 and 3.2.

110-12C-4. Preference Commodities and Printing.
Effective July 1, 1992, qualified bids for the purchase of commodities or printing required to be obtained through competitive bids, whether issued as one contract or as a series of contracts, may receive a maximum preference of five percent (5%). In order to be eligible for such preference, appropriate certification and application in writing must be made at the time the qualified bid is submitted.

4.1. A two and one half percent (2.5%) preference will be provided for a qualified bid which is submitted by an individual resident vendor who has resided in West Virginia continuously for the four (4) years immediately preceding the date the qualified bid is submitted, or for a qualified bid which is submitted by a partnership, association or corporation resident vendor which has maintained its headquarters or principal place of business within West Virginia continuously for the four(4) years immediately preceding the date the qualified bid is submitted.

4.1.1. A partnership, association or corporation shall be deemed to meet the four (4) year continuous residency requirement if at least eighty percent (80%) of the ownership interest of such resident vendor is held by another individual, partnership, association or corporation resident vendor who otherwise meets the four (4) year continuous residency requirement.

4.1.2. If a bidder has changed the name under which it does business and such former entity meets the requirements of this Section 4.1, then the bidder shall be deemed to meet the requirements of this Section 4.1 if the residence of the bidder has not changed in a material manner subsequent to the effective date of the name change.

4.2. A two and one half percent (2.5%) preference will be provided for a qualified bid which is submitted by a resident or nonresident vendor which certifies that on an average at least sixty percent (60%) of the employees of the bidder will be persons who have been residents of West Virginia continuously for the two (2) years immediately preceding submission of the bid.

4.3. A qualified bid may receive a five percent (5%) preference if the vendor submitting that bid meets both requirements as specified in the foregoing subsection 4.1 and 4.2.

Title 126. Legislative Rule - Board of Education
Series 202. Purchasing Procedures for Local Educational Agencies
"Purchasing Policies & Procedures Manual for Local Educational Agencies"

Section 17. Resident Vendor Preference.

17.1. According to W. Va. Code 55A-3-37, preference for resident vendors of the State of West Virginia or preference for vendors employing state residents may be granted in the purchase of commodities or printing.

17.2. There is no statutory authority that permits LEAs to grant local residential preference to vendors of a county or a local community within a county.

17.3. LEAs may establish by local board policy, procedures for granting preference to resident vendors of the State in the awarding of a bid for the purchase of commodities and printing made upon competitive bids, with the exception of purchases made with federal funds where the federal program regulations prohibit the granting of such vendor preference. Care should be taken in establishing such procedures, however, because it can result in a higher purchase price for the LEA. Vendor preference cannot exceed five (5) percent of the lowest bid submitted by a qualified bidder.

17.4. A qualifying resident vendor may include but not be limited to one who maintains the following business activities or has paid the indicated taxes within the State:
17.4.1. Is authorized to transact business within the State by appropriate authorities;
17.4.2. Maintains an office in the State;
17.4.3. Has actually paid real or personal property taxes on real estate or equipment used in the regular course of business related to the commodities or services offered;
17.4.5. Has paid business taxes to the State and to municipalities; and
17.4.6. When selling tangible personal property, has available for delivery a stock of materials of the type being offered and of a reasonable quantity.

Title 148. Department of Administration - Purchasing Division
Series 1. Purchasing

§148-1-6. Registration, Bidding, and Award.
6.4.4. Vendor Preference-All purchases of commodities, services or printing made upon competitive bids, with the exception of construction services, are subject to a resident vendor preference in accordance with the rules promulgated by the Secretary of the Department of Revenue. In addition, all purchases of commodities, services or printing made upon competitive bid are subject to reciprocity preference equal to the amount of preference applied or granted by another State. A resident vendor is one who:

• (a) Is authorized to transact business within the State by appropriate authorities;
• (b) Maintains an office in the State;
• (c) Has actually paid, and not just applied to pay, personal property taxes on equipment used in the regular course of supplying services of the general type offered;
• (d) Has actually paid, and not just applied to pay, business taxes; and
• (e) When selling tangible personal property, has available for delivery a stock of materials of the type being offered and of a reasonable quantity.

Finally, the Director shall apply all vendor preferences set forth in W. Va. Code §5A-3-37.

Wisconsin

Wisconsin Statutes and Annotations - http://docs.legis.wisconsin.gov/statutes/prefaces/toc

Chapter 16. Department of Administration
Subchapter IV. Purchasing

16.75 Buy on low bid, exceptions.
(1) (a) 1. All orders awarded or contracts made by the department for all materials, supplies, equipment, and contractual services to be provided to any agency, except as otherwise provided in par. (c) and subs. (2), (2g), (2m), (3m), (3t), (6), (7), (8), (9), (10e), and (10m) and ss. 16.73 (4) (a), 16.751, 16.754, 16.964 (8), 50.05 (7) (f), 153.05 (2m) (a), and 287.15 (7), shall be awarded to the lowest responsible bidder, taking into consideration life cycle cost estimates under sub. (1m), when appropriate, the location of the agency, the quantities of the articles to be supplied, their conformity with the specifications, and the purposes for which they are required and the date of delivery.

2. If a vendor is not a Wisconsin producer, distributor, supplier or retailer and the department determines that the state, foreign nation or subdivision thereof in which the vendor is domiciled grants a preference to vendors domiciled in that state, nation or subdivision in making governmental purchases, the department and any agency making purchases under s. 16.74 shall give a preference over that vendor to Wisconsin producers, distributors, suppliers and retailers, if any, when awarding the order or contract. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subdivision.

(3m) (a) In this subsection, "minority business" means a business certified by the department of commerce under s. 560.036 (2).
(b) The department and any agency making purchases under s. 16.74 shall attempt to ensure that 5% of the total amount expended under this subchapter in each fiscal year is paid to minority businesses. Except as provided under sub. (7), the department may purchase materials, supplies, equipment and contractual services from any minority business submitting a qualified responsible competitive bid that is no more than 5% higher than the apparent low bid or competitive proposal that is no more than 5% higher than the most advantageous offer. In administering the preference for minority businesses established in this paragraph, the department and any agency making purchases under s. 16.74 shall maximize the use of minority businesses which are incorporated under ch. 180 or which have their principal place of business in this state.

(6) (b) If the secretary determines that it is in the best interest of this state to do so, he or she may waive the requirements of subs. (1) to (5) and may purchase supplies, materials, equipment or contractual services, other than printing and stationery, from another state, from any county, city, village, town or other governmental body in this state or from a regional or national consortium composed of nonprofit institutions that support governmental or educational services, or through a contract established by one of those entities with one or more 3rd parties.

16.754 Preference for American-made materials.

• (1) Definitions. As used in this section:
  • (a) "Manufactured" means mined, produced, manufactured, fabricated or assembled.
  • (b) "Manufactured in the United States" means that materials are manufactured in whole or in substantial part within the United States or that the majority of the component parts thereof were manufactured in whole or in substantial part in the United States.
  • (c) "Materials" means any goods, supplies, equipment or any other tangible products or materials.
  • (d) "Purchase" means acquire by purchase or lease.
  • (e) "State" means the state of Wisconsin or any agency thereof, a contractor acting pursuant to a contract with the state, and any person acting on behalf of the state or any agent thereof.
• (2) Purchase Preference. Notwithstanding s. 16.75 (1) (a) 2., (2), (2m) and (6), when all other factors are substantially equal the state shall purchase materials which are manufactured to the greatest extent in the United States.
• (3) Exemptions. Subsection (2) does not apply if the materials are purchased for the purpose of commercial resale or for the purpose of use in the production of goods for commercial sale. Subsection (2) does not apply to the purchase of stationery and printing materials. Subsection (2) does not apply if the department determines, under s. 16.75 (1) (a) 2., that the foreign nation or subdivision thereof in which the vendor is domiciled does not give preference to vendors domiciled in that nation or subdivision in making governmental purchases. Subsection (2) does not apply if the department or other person having contracting authority in respect to the purchase determines that:
  • (a) The materials are not manufactured in the United States in sufficient or reasonably available quantities; or
  • (b) The quality of the materials is substantially less than the quality of similar available materials manufactured outside of the United States.

Subchapter V. Engineering
16.855 Construction project contracts.
(1) The department shall let by contract to the lowest qualified responsible bidder all construction work when the estimated construction cost of the project exceeds $40,000, except for construction work authorized under s. 16.858 and except as provided in sub. (10m) or s. 13.48 (19). If a bidder is not a Wisconsin firm and the department determines that the state, foreign nation or subdivision thereof in which the bidder is domiciled grants a preference to bidders domiciled in that state, nation or subdivision in making governmental purchases, the department shall give a preference over that bidder to Wisconsin firms, if any, when awarding the contract, in the absence of compelling reasons to the contrary. The department may enter into agreements with states, foreign nations and subdivisions thereof for the purpose of implementing this subsection.

(10m)(a) In awarding construction contracts the department shall attempt to ensure that 5% of the total amount expended in each fiscal year is awarded to contractors and subcontractors which are minority businesses, as defined under s. 16.75 (3m) (a). The department may award any contract to a minority business that submits a qualified responsible bid that is no more than 5% higher than the apparent low bid.

Wisconsin Administrative Code and Register - http://www.legis.state.wi.us/rsb/code.htm

Department of Administration
Chapter 8. Bidding Process and Exceptions to Bidding
Adm 8.03. Basis for awards as a result of bidding.
(4) Tied Bids. In the case of tie bids, an award shall be made to Wisconsin suppliers, in preference to out-of-state suppliers, as provided in s. 16.75 (1) (a), Stats. If the tie is between 2 Wisconsin bidders or 2 non-Wisconsin bidders, the successful bidder shall be selected by chance as determined by a witnessed and documented drawing of names or its equivalent.

Wyoming

Wyoming Statutes Annotated - http://www.lexisnexis.com/hottopics/wystatutes/

Title 16. City, County, State and Local Powers
Chapter 6. Public Property
Article 1. Public Works and Contracts

§ 16-6-101. Definitions.

• (a) As used in this act:
  • (i) "Resident" means a person, partnership, limited partnership, registered limited partnership, registered limited liability company or corporation certified as a resident by the department of employment prior to bidding upon the contract or responding to a request for proposal, subject to the following criteria:
    • (A) Any person who has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; or
    • (B) A partnership, association, limited partnership, registered limited partnership, registered limited liability company or corporation, each member or shareholder of which has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
    • (C) A corporation organized under the laws of the state with at least fifty percent (50%) of the issued and outstanding shares of stock in the corporation owned by persons who have been residents of the state for one (1) year or more prior to bidding upon the contract or responding to a request for proposal, and which maintains its principal office and place of business within the state, and the president of the corporation has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
    • (D) A corporation organized under the laws of the state which has been in existence in the state for one (1) year or more and whose president has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal and maintains its principal office and place of business within the state. If at least fifty percent (50%) of the issued and outstanding shares of stock in the corporation are owned by nonresidents, shares of the corporation shall:
      • (I) Have been acquired by nonresidents one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; or
      • (II) Be publicly traded and registered under Section 13 or 15(d) of the Securities Exchange Act of 1934 for one (1) or more classes of its shares.
    • (E) A limited partnership organized under the laws of the state and which maintains its principal office and place of business in the state and the general partners of which have been residents of the state for at least one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
    • (F) A registered limited liability partnership organized under the laws of the state and which maintains its principal office and place of business in the state and each member of which has been a resident of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal;
    • (G) A limited liability company organized under the laws of the state and which maintains its principal office and place of business in the state and the managing members or the appointed managers of which have been residents of the state for one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal; or
    • (H) A person, partnership, limited partnership, registered limited partnership, registered limited liability company or corporation which has satisfied the following requirements for the period one (1) year or more immediately prior to bidding upon the contract or responding to a request for proposal:
      • (I) Has continuously maintained an office or place of business within the state; and
      • (II) Has continuously employed not less than fifteen (15) full-time employees within the state.

§ 16-6-102. Resident contractors; preference limitation with reference to lowest bid or qualified response; decertification; denial of application for residency.
(a) If a contract is let by the state, any department thereof, or any county, city, town, school district, community college district or other public corporation of the state for the erection, construction, alteration or repair of any public building, or other public structure, or for making any addition thereto, or for any public work or improvements, the contract shall be let, if advertisement for bids or request for proposal is not required, to a resident of the state. Unless an alternate design and construction delivery method is used, if advertisement for bids or request for proposal is required the contract shall be let to the responsible certified resident making the lowest bid if the certified resident's bid is not more than five percent (5%) higher than that of the lowest responsible nonresident bidder.

§ 16-6-103. Limitation on subcontracting by resident contractors.
A successful resident bidder shall not subcontract more than thirty percent (30%) of the work covered by his contract to nonresident contractors.

§ 16-6-104. Preference for Wyoming labor and materials required in contracts.
Resident Wyoming laborers, workmen and mechanics shall be used upon all work enumerated in W.S. 16-6-102 whenever possible and any contract let shall so provide. Wyoming materials and products of equal quality and desirability shall have preference over materials or products produced outside the state and any contract let shall so provide.

§ 16-6-105. Preference for Wyoming materials and Wyoming agricultural products required in public purchases; exception; cost differential; definition.

• (a) Every board, commission or other governing body of any state institution, and every person acting as purchasing agent for the board, commission or other governing body of any state institution or department, and every county, municipality, school district and community college district, shall prefer in all purchases for supplies, material, agricultural products, equipment, machinery and provisions to be used in the maintenance and upkeep of their respective institutions, supplies, materials, agricultural products, equipment, machinery and provisions produced, manufactured or grown in this state, and supplies, materials, agricultural products, equipment, machinery and provisions supplied by a resident of the state, competent and capable to provide service for the supplies, materials, agricultural products, equipment, machinery and provisions within the state of Wyoming. Preference shall not be granted for articles of inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials, supplies, agricultural products, equipment, machinery and provisions of quality equal to those of any other state or country.
• (b) As used in this section, "agricultural products" means any horticultural, viticultural, vegetable product, livestock, livestock product, bees or honey, poultry or poultry product, sheep or wool product, timber or timber product.

§ 16-6-107. Wyoming materials preference required in construction or maintenance of public structures; exception; cost differential.
All public buildings, courthouses, public school buildings, public monuments and other public structures constructed in this state shall be constructed and maintained by materials produced or manufactured in Wyoming if Wyoming materials are suitable and can be furnished in marketable quantities. Preference shall not be granted for materials of an inferior quality to those offered by competitors outside of the state, but a differential of not to exceed five percent (5%) may be allowed in cost of contracts less than five million dollars ($5,000,000.00) for the Wyoming materials of equal quality as against materials from states having or enforcing a preference rule against "out-of-state" products.

Article 2. Preference for State Laborers
§ 16-6-202. Definitions.

• (a) As used in this act:
  • (i) "Laborer" means a person employed to perform unskilled or skilled manual labor for wages in any capacity and does not include independent contractors;
  • (ii) "Resident" includes any person who is a citizen of the United States and has resided in the state of Wyoming for at least one (1) year immediately preceding his application for employment;

§ 16-6-203. Required resident labor on public works projects; exception.
Every person who is charged with the duty of construction, reconstructing, improving, enlarging, altering or repairing any public works project or improvement for the state or any political subdivision, municipal corporation, or other governmental unit, shall employ only Wyoming laborers on the project or improvement. Every contract let by any person shall contain a provision requiring that Wyoming labor be used except other laborers may be used when Wyoming laborers are not available for the employment from within the state or are not qualified to perform the work involved. A person required to employ Wyoming laborers may employ other than Wyoming laborers if that person informs the nearest state employment office of his employment needs and the state employment office certifies that the person's need for laborers cannot be filled from those listed as of the date the information is filed.

Article 3. Public Printing Contracts
§ 16-6-301. Preference for resident bidders; exception; "resident" defined; violation.

• (a) Whenever a contract is let by the state or any department thereof, or any of its subdivisions, for public printing, including reports of officers and boards, pamphlets, blanks, letterheads, envelopes and printed and lithographed matter of every kind and description whatsoever, the contract shall be let to the responsible resident making the lowest bid if the resident's bid is not more than ten percent (10%) higher than that of the lowest responsible nonresident bidder. Any successful resident bidder shall perform at least seventy-five percent (75%) of the contract within the state of Wyoming. This section shall not apply to any contract for the compilation, codification, revision, or digest of the statutes or case law of the state.
• (b) As used in this section, "resident" means any person, partnership, corporation or association who has been a bona fide resident of this state, for one (1) year or more immediately prior to bidding upon a contract, and who has an established printing plant in actual operation in the state of Wyoming immediately prior to bidding upon a contract.

Wyoming State Agencies' Rules and Regulations - http://soswy.state.wy.us/Rules/default.aspx

Department of Administration & Information
Purchasing Division
Chapter VI. Preferences

Section 1. Preference to Wyoming Resident Bidders.

• a. The in-state preference applicable to the procurement of materials, supplies, equipment, services, or the erection, construction, alteration, or repair of any public building, or for making any addition thereto, or for any public work or improvement assures that Wyoming resident bidders are afforded an advantage over out-of-state bidders; thus retaining as much of the taxpayer's money within the Wyoming economy as possible. Whenever bids are solicited, award shall be made to the responsible resident making the lowest bid if such bid is not more than five percent (5%) higher than that of the lowest responsible non-resident bidder and provided that articles bid are not of inferior quality to those offered by competitors outside the state (W.S. 16-6-105) (W.S. 16-6-102).
• b. The word "resident" means: Any person who shall have been a bona fide resident of the state for one year or more immediately prior to bidding upon the contract; a partnership or association, each member of which shall have been a bona fide resident of the state for one year or more immediately prior to bidding upon the contract; a corporation which has been organized under the laws of the State of Wyoming and has been in existence therein for one year or more immediately prior to bidding upon the contract and which has its principle (principal) office and place of business within the State of Wyoming. (W.S. 16-6-101).

Section 2. Printing Preference.

• a. The in-state preference applicable to the procurement of printing assures that Wyoming resident bidders are afforded an advantage over out of-state bidders; thus retaining as much of the taxpayer's money within the Wyoming economy as possible. Whenever bids are solicited for printing, award shall be made to the resident making the lowest bid if such bid is not more than ten percent (10%) higher than that of the lowest responsible non-resident bidder. Any resident bidder who desires to be considered for the ten percent (10%) in-state preference must agree to perform at least seventy-five percent (75%) of the contract within the State of Wyoming.
• b. The word "resident" means: Any person, partnership, corporation or association who shall have been a bona fide resident of this state, for one year or more immediately prior to bidding upon a contract, and who shall have an established printing plant in actual operation on the State of Wyoming immediately prior to bidding upon a contract. (W.S. 16-6-301).

Section 3. Preference for Wyoming Laborers.
The purpose of preference for Wyoming Laborers is to insure that all construction contractors will hire qualified Wyoming resident laborers before hiring non-resident laborers. Wyoming laborers shall be used exclusively in all construction contracts. However, non-resident laborers can be used when Wyoming laborers are either not available for employment under this contract or are not qualified to perform the work under this contract. It shall be the duty of the awarded contractor to inform the State Employment Office nearest the construction site of his employment needs. (W.S. 16-6-201 through 16-6-206).