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ARCHIVED – State Procurement Preferences

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5. State and Local Government Opportunities

5.1 ARCHIVED - State Procurement Preferences

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*** Disclaimer: The information below has been provided for your convenience and, is posted in the language and format as found in the legal regulatory text. Users are advised to consult other sources to confirm the information provided. The Government of Canada and the Canadian Embassy, do not assume responsibility for omissions or inaccuracies in the information provided nor, for any consequences resulting from the use of this information.

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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.

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.

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.

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

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

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.

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.

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

Sec. 36.30.050. Lists of contractors.

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

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

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.

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.

Sec. 36.30.332. Classification of Alaska products.

Sec. 36.30.337. Procurement preference for recycled products.

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

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

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

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

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

Article 10. Intergovernmental Procurement

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

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.

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:

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:

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:

Article 3. Services and Supplies of Agricultural Aircraft Operators

4360. As used in this article

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:

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:

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.

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:

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.

Chapter 4. State Agency Buy Recycled Campaign
Article 1. General Provisions

12153. The Legislature finds and declares all of the following:

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.

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

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

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

12217.

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.

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

§ 1896.12. Eligibility for Certification as a Small Business.

§ 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.

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

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

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

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.

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

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

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.

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:

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.

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:

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.

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

§ 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

§ 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

Hawaii

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

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

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

§103D-1004 Reciprocity.

§103D-1005 Recycled products.

§103D-1006 Software development businesses.

§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.

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.

Chapter 57. Department of Administration

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

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.

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.

Sec. 45-45. Small businesses.

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:

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

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:

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.

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

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.

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:

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.

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

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

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.

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.

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.

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.

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

45A.873 Preference for Kentucky firms.

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:

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

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

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

§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

§1595.1. Preference in awarding contracts

§1595.2. Preference in letting contracts for public work

§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

§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:

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:

§1595.6. Preference for steel rolled in Louisiana

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

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

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

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

§14-402

§14-405

§14-406

§14-407

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

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.

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.

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.

16C.28 Contracts; Award.

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.

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:

(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.

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.

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.

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

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

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

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

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.

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:

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.

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.

18-1-103. Resident defined.

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:

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

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

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.

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.

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

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:

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.

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

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

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

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

1.4.2.7 Definitions:

1.4.2.8 Application of Preferences:

Part 3 Resident Contractor Preference
1.4.3.2 Scope:

All executive Branch State Agencies.

1.4.3.7 Definitions:

1.4.3.8 Application of Preferences:

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.

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

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

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

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.

§ 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.

§ 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.

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

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

§ 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.

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.

§ 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.

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.

125.11 Contract award.

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.

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:

§74 85.45c. Bid preference program.

Oklahoma State Recycling and Recycled Materials Procurement Act
§74 85.51. Definitions.

As used in the Oklahoma State Recycling and Recycled Materials Procurement Act:

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

§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.

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.

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

279A.125 Preference for recycled materials.

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.

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:

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

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:

125-246-0322. Preference for Recycled Materials

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

§ 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:

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.

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.

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.

§ 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:

Chapter 37-2.2. Disability Business Enterprises

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

§ 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.

Section 11-35-1524.Resident vendor preference.

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

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:

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.

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

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

RULE §20.38 Preferences

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

Title 4. Executive Branch
Chapter 466. State Lottery

§ 466.106. Preference for Texas Businesses.

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

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

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:

§ 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:

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.

63-56-405. Preference for resident contractors.

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

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.

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.

§ 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.

§ 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.

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.

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.

§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:

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.

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.

§ 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.

§ 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.

§ 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.

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.

Section 2. Printing Preference.

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).

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