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Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Scope of Use

​Under this preference law, the awarding authority may award a contract to a "preferred vendor" if the vendor was a responsible bidder,falls within one of the definitions of a "preferred vendor," and offers a price not more than 5% greater than the lowest responsible bid.  (Not used on a routine basis). 

  
Date of Last Verification Response
January 2015
​​​


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Qualified Alaskan Bidders

 
A 5% reduction in the bid price or offer applies to all vendors who qualify as Alaska bidders, as defined in AS 36.30.990(2).

Additional Evaluation Criteria

 
2 AAC 12.260(e) provides Alaska offerors an additional 10% overall evaluation point preference (10% of the available points) if a numerical rating system is used - such as a Request for Proposal. Alaska bidders as defined in AS 36.30.990(2) are eligible for this preference.
 

Agricultural or fishery products

 
Award will go to the bidder who offers agricultural or fisheries products harvested in the state (or within the jurisdiction of the state) - provide they are available, of comparable quality, and priced not more than 7% higher than products harvested outside of the state (or outside the jurisdiction of the state). Agricultural products include dairy products, timber, lumber and products manufactured in the state from timber and lumber.
 

Alaska products

 

A 3%, 5%, or 7% reduction applies to the qualifying products value in a bid price or offer that designates the use of Alaska products. The applicable discount is dependent on what percent of the product being offered was produced or manufactured in the state.

Recycled Products

A 5% reduction in the bid price or offer applies to all vendors who offer recycled products. The products must be on the DGS pre-approved recycled products list.

Employment program

Award will be given to the bidder that qualifies for the Alaska bidder preference, and is offering services through a qualified employment program as defined in AS 36.30.990(12), and is the lowest responsible and responsive bidder with a bid not more than 15% higher than the lowest bidder.

Additional preference

Award will be given to the bidder that qualifies for the Alaska bidder preference, and is a qualifying entity as defined in AS 36.30.321(d), and is the lowest responsible and responsive bidder with a bid price no more than 10% higher than the lowest bidder.

Veterans preference

A 5% reduction in the bid price or offer to all vendors that qualify as Alaska bidders as defined in AS 36.30.321(f) and meet the requirements established in AS 36.30.990(2) as a qualifying entity. The preference may not exceed $5,000.00 for a single procurement.

 
Date of Last Verification Response
December 2014
 



Reciprocal Law / Statute
No

Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Small​​ Business

​ Small Business Preference for Procurements under $100,000. (A.R.S. §41-2535.B)

​Tie-Bid

In tie-bid situations, the agency chief procurement officer shall make the award by drawing lots. If time permits, the agency chief procurement officer shall provide the bidders the opportunity to attend the lot drawing.
 
 

Date of Last Verification Response
January 2015 


Reciprocal Law / Statute
No

Tie-Bid Preference
No

Reciprocal Preference
Yes

Preference Conditions including Law Citation

 Prison Industry

15% preference against out-of-state prison industry bids.

 

Date of Last Verification Response
December 2014



Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Tie-Bids
 
"In the case of the bid between a Small Business (SB) and a Disabled Beteran Business Enterprise (DVBE), the award goes to the DVBE).
 

 ​5%

 Small Business  

(SB) (GC 14838) Goods, Services, Construction and IT 
 
5% of the lowest responsive, responsible, non-small business's net bid price when certified SB is not the lowest bidder.
 
The maximum preference is $50,000 and when combined with other preferences, the preference total cannot exceed $100,000.
 
 
Up to 5%
 
Non-small Business Subcontractor Preference
 
(GC 14838) Goods, Services, Construction and IT
 
Up to 5% of the lowest responsive, responsible, non-small business net bid price that is not subcontracting with a SB when SB is not the lowest bidder
 
The maximum preference is $50,000 and when combined with other preferences, the preference total cannot exceed $100,000. Applies to bids submitted by non-small business that are subcontracting with at least 25% to a certified SB. Applies unless application of the preference would preclude a SB from winning the contract.
 
 
5%
 
Recycled Tires
 
(PRC 42891-42894), Goods
 
Applies unless application of the preference would preclude a SB from winning the contract. The maximum preference is $50,000, and when combined with other preferences, the preference total cannot exceed $100,000.00
 
 
5%
 
 
Target Area Contract Preference Act (TCPA) 
(GC 4533 ct seq.)
 
5% of the lowest responsive, responsible net bid price for worksite in distressed area; an additional 1%-4% for hiring high risk unemployed people as a percentage of workforce during contract performance using scale below:
 
1% for 5-9%,
2% for 10-14%,
3% for 15-19%,
4% for 20 or more.
 
Applies to Goods and Services contracts over $100,000 if the work site is located in a distressed area as designated by the Department of Finance. TACPA allows awarding to California based companies the bid preference when 50% of the labor hours required to perform Goods contracts or 90% for Services contracts is performed in a distressed area. The maximum preference is $50,000, and when combined with other preferences, the preference total cannot not exceed 15% of the net bid price or $100,000, whichever is lower. The hiring preference is allowed only if the worksite preference is claimed and the bidder is eligible for it. The worksite preference does not apply if the state specifies the worksite where the work is to be completed. To receive a contract award based on preferences, the company must certify under penalty of perjury that the required contract labor shall be accomplished at the approved worksite.
 
 
Enterprise Zone Act (EZA)
 
 
 
 -- Assembly Bill 93 repealed the EZA Program 

Local Agency Military Base Recovery Area Act (LAMBRA)

 
 
 -- Assembly Bill 93 repealed the LAMBRA Program 

 

SB and DVBE Certification

 
 
The Office of Small Business and Disabled Busines Enterprise Services (OSDSC)
 
rtification programs offer. If you have questions, contact the Reciprocity staff at SDC further promotes small business and/or disabled veteran business enterprise patricipation by administering the Reciprocity Program.  The Program's intent is to build partnerships with cities, counties and special districts throughout California  in accepting the state's small business and/or disabled veteran business enterprise certification.  The reciprocity process allows the business to go through only one certification procedure while having their certification valid with both the state and the participating agency.  the certified business is able to optimize the benefits that both certification programs offer. If you have questions, contact the Reciprocity Liaison at CustServ@dgs.ca.gov or call (916)375-4940.
 
 
Date of Last Verification Response
January 2015
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Summary

Colorado law mandates that resident bidders be given a preference over non-resident bidders equal to the preference given by the state in which the non-resident bidder is a resident, i.e., if a non-resident bidder is 4% lower than the resident bidder but the state of residence of the non-resident bidder awards a 5% preference to in-state resident bidders, then the Colorado bidder becomes the lowest bidder by 1%. In the event of a tie, preference is given to the Colorado bidder.

​Preferences

Colorado Procurement Code & Rules: R-24-111-102-02 
 
     (a) No provision is made in this Code for preferences or set asides for minority-owned or women-owned businesses.  
 
     (b) In the event tie low bids are received in response to solicitations for bids for commodities, pursuant to §24-103-202 C.R.S., preference is given to the resident bidder, pursuant to §§24-103-202.5 and 8-18-101 C.R.S.
 

​Bid Preference - state contracts

Colorado Revised Statutes (C.R.S) §8-18-101

(1)  (a) Except as provided in paragraph (b) of this subsection (1) and in section 8-8-103, when a contract for commodities or services is to be awarded to a bidder, a resident bidder as defined in section 8-19-102 (2) shall be allowed a preference against a nonresident bidder equal to the preference given or required by the state in which the nonresident bidder is a resident.

       (b) Notwithstanding paragraph (a) of this subsection (1), when an invitation for bids for a contract for the purchase of commodities results in a low tie bid, as defined in section 24-103-101, C.R.S., the provisions of section 24-103-202.5, C.R.S. apply.
 
      (c) For the purposes of this subsection (1), "commodities" includes supplies as defined in section 24-101-301 (22), C.R.S.
 
 
(2)  If it is determined by the officer responsible for awarding the bid that compliance with this section may cause denial of federal moneys which would otherwise be available or would otherwise be inconsistent with requirements of federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements.
 
 
(3)  This section applies to contracts governed by the procurement code in articles 101-112 of title 24, C.R.S.
 
Bid Preference 
 
Low tie bids
 
- award procedure
 
determination - bid preference 

 

C.R.S. §24-103-202.5 

(1)  If low tie bids are received in response to an invitation for bids for a supply contract, the following procedures are required:
 
     (a) If the low tie bids are from a resident bidder and a nonresident bidder, the resident bidder shall be given preference over the nonresident bidder;
 
     (b) If the low tie bids are from resident bidders, the procurement officer shall:
 
          (I) Use a fair and reasonable procedure for determining which bidder receives the contract award that at a minimum provides for the presence, at the time and place the determination is made, of the bidders or the bidders' representatives and an impartial witness designated by the prominent officer who is not an employee of that procurement officer's agency; and
 
          (II) Give the bidders at least five business days' written notice by certified mail of the date the determination will be made, of the procedure for making the determination, and that the bidders or the bidders' representatives may be present when the determination is made;
 
     (c) If the low tie bids are only from nonresident bidders, the procurement officer shall follow the procedures in subparagraphs (I) and (II) of paragraph (b) of this subsection (1);
 
     (d) All other applicable provisions of the code that are not inconsistent with this section shall be followed.
 
 
(2) If the procurement officer determines that compliance with this section will cause denial of federal moneys that would otherwise be available or would otherwise be inconsistent with federal law, this section shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal law. 
 
  
Date of Last Verification Response
February 2013
 


Reciprocal Law / Statute
Yes 

 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Resident Bidder Definition

 Effective October 1, 2009

(a) For the purposes of this section, "nonresident bidder" means a business that is not a resident of Connecticut that submits a bid in response to an invitation to bid by a Connecticut state contracting agency. "Resident bidder" means a business that submits a bid in response to an invitation to bid by a Connecticut state contracting agency and that has paid unemployment taxes or income taxes in this state during the twelve calendar months immediately preceding submission of such bid, has a business address in the state and has affirmatively claimed such status in the bid submission. "Contract" means "contract" as defined in section 4-e1 of the 2008 supplement to the Connecticut general statutes and "state contracting agency" means "state contracting agency", as defined in section 4e-1 of the 2008 supplement to the Connecticut general statutes.

 % of Reciprocity

 (b) Notwithstanding any provision of law, in the award of a contract, after the original bids have been received and an original lowest responsible qualified bid is identified, a Connecticut state contracting agency shall add a percent increase to the original bid of a nonresident bidder equal to the per cent, if any, of the preference given to such nonresident bidder in the state in which such nonresident bidder resides. If, after application of such per cent increase, the bidder that submits the lowest responsible qualified bid is a resident bidder, the state contracting agency shall award such contract to such resident bidder provided such resident bidder agrees, in writing, to meet the original lowest responsible qualified bid. Any such agreement by such resident bidder to meet the original lowest responsible qualified bid shall be made not later than seventy-two hours after such resident bidder receives notice from such state contracting agency that such resident bidder may be awarded such contract if such resident bidder agrees to meet the original lowest responsible qualified bid.

Preference List

(c) Not later than January 1, 2009, and each January thereafter, the Connecticut State Contracting Standards Board shall publish a list of states that give preference to in-state bidders with the percent increase applied in each state. This list will be made available to all in-state contracting agencies and may be relied upon by such agencies in determining the lowest responsible bidder.

 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Public Works
 
29 Del.C. §6962 (d) (4) b. (Delaware Code)
 
In the construction of all public works for the State or any political subdivision thereof or by firms contracting with the State or any political subdivision thereof, preference in employment of laborers, workers or mechanics shall be given to bona fide legal citizens of the State who have established citizenship by residence of at least 90 days in the State.
 
 
Set-Asides

 In accordance with Delaware Code, Chapter 96, State Use Law, certain State contracts are awarded as internal contracts as authorized by the State Use Commission (which rests under the jurisdiction of the Department of Health and Social Services). Therefore, these contracts are not part of the normal bid process.

 
Date of Last Verification Response
February 2013
 



Reciprocal Law / Statute
Yes 

 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
FLORIDA STATUTES 
 
 
A.  FLORIDA PREFERENCE

Commodities

 ​Florida Statutes § 287.082

Procurement of Personal Property and Services; Commodities manufactured, grown, or produced in state given preference.

"Whenever two or more competitive sealed bids are received one or more of which relates to commodities manufactured, grown or produced within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities manufactured, grown or produced within this state shall be give preference."
 
 

Foreign Manufacturers

 ​Florida Statutes § 287.092

Procurement of Personal Property and Services; Preference to certain foreign manufacturers.

"Any foreign manufacturing company with a factory in Florida and employing over 200 employees working in the state shall have preference over any other foreign company when price, quality, and service are the same, regardless of where the product is manufactured."
 
 

Public Buildings

Florida Statutes § 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.
 
 

​Public Printing

Florida Statutes § 283.35

Preference given printing within the state.
 
"When awarding a contract to have materials printed, the agency, university, college, school district, or other political subdivision of this state awarding the contract shall grant a preference to the lowest responsible and responsive vendor having a principal place of business within this state.  The preference shall be 5% if the lowest bid is submitted by a vendor whose principal place of business is located outside the state and if the printing can be performed in this state at a level of quality comparable to that obtainable from the vendor submitting the lowest bid located outside the state.  As used in this section, the term 'other political subdivision of this state' does not include counties or municipalities."
 
 

FLORIDA STATUTES

B. RECIPRICAL PREFERENCE 

 

Florida Businesses

​Florida Statutes § 287.084(1)

1Commodities, Insurance and Contractual Services
 
"(1)(a)  When an agency, university, college, school district, or other political subdivision of the state is required to make purchases of personal property through competitive solicitation and the lowest responsible and responsive bid, proposal, or reply is by a vendor whose principal place of business is in a state or political subdivision thereof which grants a preference for the purchase of such personal property to a person whose principal place of business is in such state, then the agency, university, college, school district, or other political subdivision of this state shall award a preference to the lowest responsible and responsive vendor having a principal place of business within this state, which preference is equal to the preference granted by the state or political subdivision thereof in which the lowest responsible and responsive vendor has its principal place of business.  In a competitive solicitation in which the lowest bid is submitted by a vendor whose principal place of business is located outside the state and that state does not grant a preference in competitive solicitation to vendors having a principal place of business in that state, the preference to the lowest responsible and responsive vendor having a principal place of business in this state shall be 5%.
(b)  Paragraph (a) does not apply to transportation projects for which federal aid funds are available.
(c)  As used in this section, the term 'other political subdivision of this state' does not include counties or municipalities.. ."
 
 

​FLORIDA STATUES

C. STATUS PREFERENCE

Veterans

Florida § 295.187(4)

Florida's Veteran Business Enterprises Opportunity Act
 
"(4) VENDOR PREFERENCE.___
 
(a)  A state agency, when considering two or more bids, proposals, or replies for the procurement of commodities or contractual services, at least one of which is from a certified veteran business enterprise, which are equal with respect to all relevant considerations, including price, quality, and service, shall award such procurement or contract to the certified veteran business enterprise. 
 
(b)  Notwithstanding s.287.057(11), if a veteran business enterprise entitled to the vendor preference under this section and one or more businesses entitled to this preference or another vendor preference provided by law submit bids, proposals, or replies for procurement of commodities or contractual services which are equal with respect to all relevant considerations, including price, quality and service, the state agency shall award the procurement or contract to the business having the smallest net worth.
 
(c)  Political subdivisions of the state are encouraged to offer a similar consideration to businesses certified under this section."  
 
 

Minority Business Enterprise

Florida Statutes § 287.057(11)

Florida's Certified Minority Business Enterprise
 
 "(11)  If two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise."
 
 

​FLORIDA

B. TIE PREFERENCE

Drug Free Workplace

Florida Statutes § 287.087

Preference to businesses with drug-free workplace programs.
 
"Whenever two or more bids, proposals, or replies that are equal with respect to price, quality, and service are received by the state or by any political subdivision for the procurement of commodities or contractual services, a bid proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process."
 
 

​FLORIDA ADMINISTRATIVE CODE

A. FLORIDA PREFERENCE

Award Process

​Florida Administrative Code Rule 25-25.009(5)

2Commodities:  Public Service Commission Source Selection, bid openings and Contract Awards - Preference to bidders within the state.
 
"(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 then, and at a level of quality comparable to, those bid by a bidder located outside of the State of Florida."
 
[2] Only has application to the Public Service Commission. 
 

​FLORIDA ADMINISTRATIVE CODE

D. TIE PREFERENCE

 

Identical Responses

Florida Administrative Code Rule 60A-1.011

Identical Evaluations of Responses
 
(1)  When evaluating vendor responses to solicitations, if the agency is confronted with identical pricing or scoring from multiple vendors, the agency shall determine the order of award using the following criteria, in the order of preference listed below (from highest priority to lowest priority):
a)  The response is from a Florida-domiciled entity, as determined by the Department of State;
 
b)  If the response relates to manufactured commodities, the response provides for manufacturing such commodities within the state (in preference over any foreign manufacturer);
 
c)  If the response relates to manufactured commodities, the response provides for a foreign manufacturer that also has at least 200 employees working in the state (in preference over a foreign manufacturer with less than 2300 employees working in the state); or
 
d)  the response certifies that a drug-free workplace has been implemented in accordance with Section 287.87, F.S.
(2)  Section 287.057(12), F.S., states that "if two equal responses to a solicitation or a request for quote are received and one response is from a certified minority business enterprise, the agency shall enter into a contract with the certified minority business enterprise. 
 
(3)  If subsections (1) and (2) fail to resolve the identical evaluations, the agency shall award the contract to the respondent whose response is deemed by the agency to be in the best interests of the State, considering factors such as prior performance on state contracts or other governmental contracts. If subsections (1) and (2) fail to resolve the identical evaluations, the agency shall award the contract to the respondent whose response is deemed by the agency to be in the best interests of the State, considering factors such as prior performance on state contracts or other governmental contracts.
 
(4)  In the event that the application of subsections (1), (2) and (3) fails to resolve the identical evaluations, the agency shall determine the award by a means of random selection (e.g., a coin toss or drawing of numbers)." 
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Resident Bidders
 
Resident vendors in the state of Georgia are to be granted the same preference over vendors resident in another state in the same manner, on the same basis and to the same extent that preference is granted in awarding bids or proposals for the same goods or services by such other state to vendors resident therein over vendor's resident in the state of Georgia. This preference is used for evaluation purposes only. All state agencies are required to apply this reciprocal preference.
 

Compost and Mulch

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 non-hazardous solid waste stream.

 
​Lumber and Other
Forest Products
 
Georgia Code 50-5-63
 
Exclusive use of Georgia forest products in state construction contracts; exception where federal regulations conflict.
 
(a) No contract for the construction of, addition to, or repair of any facility,
the cost of which is borne by the state or any department, agency,
commission, authority, or political subdivision thereof, shall be let unless
the contract contains a stipulation therein providing that the
contractor or any subcontractor shall use exclusively Georgia forest
products in the construction thereof, when forest products are to be
used in such construction, addition, or repair, and if Georgia forest
products are available.
 
(b) This Code section shall not apply when in conflict with federal rules and
regulations concerning construction.
 

​Non-mandatory
preference

 
Georgia Code 50-5-60(c) and 50-5-61
Non-mandatory preference that is allowed when economic impact of award to local bidder offsets slightly higher price from an out-of state bidder.
 
In determining whether such a preference is reasonable in any case where the value of a contract for or purchase of such supplies, materials, equipment, or agricultural products exceeds $100,000.00, the state or its department, agency, or commission shall consider, among other factors, information submitted by the bidder which may include the bidder's estimate of the multiplier effect on gross state domestic product and the effect on public revenues of the state and the effect on public revenues of political subdivisions resulting from acceptance of a bid or offer to sell Georgia manufactured or produced goods as opposed to out-of-state manufactured or produced goods.
Any such estimates shall be in writing.
 
The state or its department, agency, or commission shall not divide a contract or purchase which exceeds $100.000.00 for the purpose of avoiding the requirements of this subsection.
 
 
Date of Last Verification Response
December 2012
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Reciprocal Law

Reciprocal law applies to bidders from states which apply preferences.

Preference shall be equal to the preference the out-of-state bidder would receive in own state or shall be in the amount the out-of-state preference exceeds comparable Hawaii preference. 

Class I -10%
Class II -15%

Act 175 SLH 2009

Products mined, excavated, produced, manufactured, raised, or grown in the state, and require that over fifty percent Hawaii input counted towards the total cost of the product.

*Agricultural, aquacultural (aqua-farming), horticultural, silvicultural (forestry), floricultural (flower farming), or livestock product that is raised, grown, or harvested in the state.
 

 5%

Recycled products based on recycled content as a percentage to total weight. ecycled products based on recycled content as a percentage to total weight.  In-state contractor's preference.ecycled products based on recycled content as a percentage to total weight. ecycled products based on recycled content as a percentage to total weight.  In-state contractor's preference.

 10%

Software development businesses principally located in-state, with 80% of labor for software development performed by persons domiciled in Hawaii.

"Software Development Business" includes any work related to feasibility studies, systems analysis, programming, testing, or implementation of an electronic data processing system."
 

15%

Printing, binding, and stationary work effective July 1, 1994.

Applies to all out-of-state bidders if their price is lower than Hawaii bidder's price.
 

4.5%

Tax Preference.

Preference to ensure fair competition for bidders paying the Hawaii general excise and applicable use tax.
 

5%

Preference for Qualified Community Rehabilitation Programs (QRF's).

 
Date of Last Verification Response
October 2011
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Printing Only

 Printing preference of 10% applies to state and counties. Reciprocal law applies to state and political subdivisions for commodities, construction and services.

Tie-Bid

 In tie-bid situations, preference shall be given only to products of local and domestic production and manufacture or Idaho domiciled bidders.

 
Date of Last Verification Response
January 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Resident Bidder (Reciprocal); Tied bid or proposal
 
30 ILCS 500/45-10 and 44 Ill. Adm. Code 1.4510
 
When a contract is to be awarded to the lowest responsible bidder, a resident Illinois bidder will be allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state.  The preference will be equal to the preference given or required by the state of the non-resident bidder.  A resident bidder is a person authorized to transact business in Illinois and having a bona fide establishment for transacting business within Illinois where it was actually transacting business on the date when the solicitation for public contract is first advertised or announced.
  
 
Soybean Oil-Based ink

 30 ILCS 500/45-15 and 44 Ill. Adm. Code 1.4515

Contracts requiring procurement of printing services will specify 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.

 Recycled Materials

 30 ILCS 500/45-20 and 44 Ill. Adm. Code 1.4520

When a 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 supplies may be given preference over other bidders unable to do so, provided the cost included in the bid of supplies made of recycled materials does not constitute undue economical or practical hardship.
 
 
Recyclable Paper

 30 ILCS 500/45-25 and 44 Ill. Adm. Code 1.4525

All supplies purchased for use by State agencies must be recyclable paper unless a recyclable substitute cannot be used to meet the requirements of the State agencies or would constitute an undue economic or practical hardship.
 

Environmentally Preferable Procurement

30 ILCS 500/45-26 and 44 Ill. Adm. Code 1.4526

State agencies must contract for supplies and services that are environmentally preference unless contracting for an environmentally preferable supply or service would impose an undue economic or practical hardship on the contracting State agency, or if an environmentally preferable supply or service cannot be used to meet the requirements of the State agency.  Specifications may include a price preference of up to 10% for environmentally preferable supplies or services.
 
 
Illinois Correctional Industries

30 ILCS 500/45-30 and 44 Ill. Adm. Code 1.4530

Preference is given to Illinois correctional industries for certain designated commodities.
 

Sheltered Workshops

 ​30 ILCS 500/45-35

Supplies and services may be procured without advertising or calling for bids from any qualified not-for-profit agency for persons with severe disabilities provided the not-for-profit agency meets statutory criteria set forth in 30 ILCS 500/45-35.  
 
Preference is also given to sheltered workshops for certain designated supplies and services.   Also see 44 Ill. Adm. Code 1.4535.
 

 Gas Mileage

​30 ILCS 500/45-40 and 44 Ill. Adm. Code 1.4540

New passenger automobiles, with some exceptions, must achieve at least the minimum average fuel economy in miles  per gallon imposed upon manufacturers of vehicles under Title V of the Motor Vehicle Information and Cost Savings Act.
 
30 ILCS 500/25-75 and 44 Ill. Adm. Code 1.4540
 
All gasoline-powered vehicles purchased from State funds must be flexible fuel vehicles or fuel efficient hybrid vehicles.  Any vehicle purchased from State funds that is fueled by diesel fuel must be certified by the manufacturer to run on 5% biodiesel (B5) fuel.
 

Small Businesses

 ​30 ILCS 500/45-45 and 44 Ill. Adm. Code 1.4545

The Chief Procurement Officer has authority to designate as small business set-asides a fair proportion of construction, supply, and service contracts for award to small businesses in Illinois.  In awarding the contracts, only bids from qualified small businesses shall be considered.
 
Also see 30 ILCS 503/ which provides that not less than 10% of the total dollar amount of State contracts shall be established as a goal to be awarded to small businesses.
 

Illinois Agricultural Products

30 ILCS 500/45-50 and 44 Ill. Adm. Code 1.4550

When procuring agricultural products, preference may be given to a bidder or offeror who will fulfill the contract through the use of agricultural products grown in Illinois.
 

​Corn-Based Plastics

30 ILCS 30 ILCS 500/45-55 and 44 Ill. Adm. Code 1.4555

When procuring plastic products, preference may be given to a bidder or offeror who will fulfill the contract through the use of plastic products made from Illinois corn by-products.
 

Farm or Food Products

​30 ILCS 595/

It is the goal of the State that 20% of all food and food products purchased by the State  shall, by 2020, be local farm or food products.  When a State contract for purchase of food or food products is to be awarded to the lowest responsible bidder, an otherwise qualified bidder who will fulfill the contract through the use of local farm or food products may be given preference over other bidders, provided that the cost included in the bid or local farm or food products is not more than 10% greater than the cost included in the bid that is not for local farm or food products.​
 

Veterans

30 ILCS 500-45-57

Not less than 3% of the total dollar of State contracts shall be established as a goal to be awarded to service-disabled veteran owned small-businesses and veteran-owned small businesses.
 
Also see 330 ILCS 55/ which provides a preference for veterans to fill positions in the construction, addition to, or alteration of all public works contracted for by the State.
 

Vehicles Powered  by Agricultural Commodity-Based Fuel

30 ILCS 500/45-60 and 44 Ill. Adm. Code 1.4540

When procuring vehicles, preference may be given to a 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.
 

Biobased Products

30 ILCS 500/45-75 and 44 Ill. Adm. Code 1.4578

When a State contract is to be awarded to the lowest responsible bidder (except construction), an otherwise qualified bidder who will fulfill the contract through the use of biobased products may be given preference over other bidders unable to do so, provided that the cost included in the bid of biobased products is not more than 5% greater than the cost of products that are not biobased.
 

​Public Purchases in Other States

30 ILCS 520/

In purchasing such commodities from vendors in any other state, the State must give preference to vendors in those states whose preference laws do not prohibit the purchase by the public institutions of such states of commodities grown or produced in Illinois.
 

​Illinois Mined Coal

30 ILCS 555/​

When purchasing coal for fuel purposes, a preference must be given to Illinois mined coal if the cost of Illinois mined coal is not more than 10% greater than the cost of coal mined in any other State or States, including the cost of transportation.
 
​Minority, Females and Persons with Disabilities

​30 ILCS 576/

Not less than 20% of the total dollar amount of State contracts (non-construction) will be established as a goal to be awarded to businesses owned by minorities (11%), females (7%), and persons with disabilities (2%).  In construction contracts, not less than 10% of the total dollar amount is established as a goal to be awarded to businesses owned by minority and female owned businesses (50% of goal to female owned businesses).
 

Steel

​30 ILCS 565/

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.
 

​Domestic Products

​30 ILCS 517/

Each purchasing agency making purchases of procured products must promote the purchase of and give preference to manufactured articles, materials, and supplies that have been manufactured in the United States.
 

Historic Area

​20 ILCS 3105/17 and 30 ILCS 500/45-80 and 44 Ill. Adm. Code 1.4042

The State of Illinois shall give preference to locating its facilities, whenever operationally appropriate and economically feasible, in historic properties and buildings located within government recognized historic districts or central business districts designated as such by a local or regional planning agency.

​Local Site Preference (Leasing)

​44 Ill. Adm. Code 1.4040

Upon the request of the chief executive officer of a unit of local government, leasing preferences may be given to sites located in enterprise zones, tax increment districts or redevelopment districts.
 

ADDITIONAL POINT OF INTEREST

​30 ILCS 500/45-67 and 45-70

A chief procurement officer may, as part of any solicitation, encourage prospective vendors to consider hiring qualified veterans or Illinois residents discharged from any Illinois adult correctional center and to notify them of any available financial incentives or other advantages associated with hiring such persons.  Annual reports of activities undertaken to encourage prospective vendors to consider hiring qualified veterans and Illinois residents discharged from any Illinois adult correctional center must be provided to the Governor and General Assembly.

 
Date of Last Verification Response
March 2014
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Equal to preference given to non-resident bidder
 
 
Statute IC 5-22-15.
 
The Indiana business preference is considered for an out-of-state business only when the offeror is a business from a state bordering Indiana and the offerors home state does not provide a preference to the home state's businesses more favorable than is provided by Indiana to Indiana businesses.
 
All preferences can be viewed in their entirety at:
 
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Resident

Preference shall be given to purchasing Iowa products and purchases from Iowa-based businesses if the Iowa-based business bids submitted are comparable in price to bids submitted by out-of-state businesses and otherwise meet the required specifications.

Non-resident bidder

If the laws of another state mandate a percentage preference for businesses or products from that state and the effect of the preference is that bids from Iowa businesses or products that are otherwise low and responsive are not selected in the other state, the same percentage preference shall be given to Iowa businesses and products when businesses or products from that other state are bid to supply Iowa requirements.

 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
 
 
Tie Bids
 
Tie bids between in-state and out-of-state vendors shall be awarded to the in-state vendor.
 
 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Reciprocal Preference Statute

 

Effective:  July 15, 2010


 
 
 
 
45A.494  Reciprocal preference to be given by public agencies to resident bidders -- List of States -- Administrative regulations. 
 

 1)  Prior to a contract being awarded to the lowest responsible and responsive bidder on a
contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state.  The preference shall be equal to the preference given or required by the state of the nonresident bidder.  

2)  A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:
     a)  Is authorized to transact business in the Commonwealth; and
     b)  Has for (1) year prior to and through the date of the advertisement, filed Kentucky
          corporate income taxes, made payments to the Kentucky unemployment insurance 
          fund established in KRS 341.490 and
     c)  maintained a Kentucky workers' compensation policy in effect.
 
3)  A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.
 
4)  If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.
 
5)  This section shall apply to all contracts funded or controlled in whole or in part by a public agency.
 
6)  The Finance and Administration Cabinet shall
maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences.  The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.
 
7)  The preference for resident bidders shall not be given if the preference conflicts with federal law.
 
8)  Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.  
 
 
Kentucky resident bidder reciprocal preference  
 
200 KAR 5:400
 
 Section 1: Definitions
 
1)  "Contract" is defined by KRS 45A.460(1)

2)  "Nonresident bidder" is defined by KRS 45A.494(3)

3)  "Public Agency is defined by KRS 45A.490(2)

4)  "Resident bidder is defined by KRS 45A.494(2).

5)  "Response" means any bid or response submitted to a solicitation.

6)  "Solicitation" means an invitation for bid, request for proposal, advertisement for bid, or  another formal method of soliciting a contract issued by a public agency.
 
 Section 2: Claiming Resident Bidder Status
 
1)  Any individual, partnership, association, corporation, or other business entity claiming   resident bidder status shall submit along with its response a notarized affidavit that affirms that it meets the criteria to be considered a resident bidder as set forth in KRS 45A.494(2).

2)  If requested, failure to provide documentation to a public agency proving resident  bidder status shall result in disqualification of the bidder or contract termination. 
 
  Section 3:  Determination of Residency for Nonresident Bidders
 
1)  The state of residency for a nonresident bidder, for purposes of this administrative  regulation, shall be its principal office as identified in the  bidder's certificate of authority to transact business in Kentucky as filed with the Commonwealth of Kentucky, Secretary of State.  

2)  If the bidder is not required to obtain a certificate of authority to transact business in      Kentucky, its state of residency shall be the mailing address provided in its bid. 
 
  Section 4:  Applying the Reciprocal Preference
 
1)  Once all responsible and responsive bidders to a solicitation have been scored and ranked, the residency of each bidder shall be identified.

2)  A preference equal to the preference given or required by the state of the highest evaluated nonresident bidders shall be given to all
responsive and responsible resident bidders.
  
3)  The responses shall then be rescored and re-ranked to account for any applicable preferences.  

4)  In awarding a contract, resident bidders shall only receive preference against non resident bidders from that state.  This preference shall not be applied against non-resident bidders residing in states that do not give preference against Kentucky bidders. 
    
5)  If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

6)  This administrative regulation shall not result in a nonresident bidder receiving a preference over another nonresident bidder. 
 
(37 Ky.R. 1109; Am. 1627; eff. 02/04/2011)
 

Commodities  or Services        

Preference is to be given in purchasing commodities or services from the Department of Corrections; Division of Prison Industries;  Kentucky Industries for the Blind; agencies of individuals with severe disabilities; Incorporated or any other nonprofit corporation that furthers the purposes of KRS Chapter 163

​Agriculture

​State agencies, as defined by KRS 45A.505, shall purchase Kentucky-grown agricultural products if the products are available and if the vendor can meet the applicable quality standards and pricing requirements of the state agency.

 
Date of Last Verification Response
August 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Varies by Category

The following preferences are not in-state bidder preferences but are product preferences only. Any bidder, whether in-state or out-of-state, is entitled to a preference so long as the product offered is a Louisiana product.

Agricultural or Forestry

Agricultural or forestry products, including meat, seafood, produce, eggs, paper or paper products shall be granted a 10% preference (does not have to lower bid price).

  1. Produce shall be produced in Louisiana and produce products shall be produced and processed in Louisiana.
  2. Eggs shall be laid in Louisiana and egg products shall be processed from eggs laid in Louisiana.
  3. Meat and Meat products shall be processed in Louisiana from animals which are alive at the time they enter the processing plant.
  4. Seafood shall be:
    1. Harvested in Louisiana seas or other Louisiana waters
    2. Harvested by a person who holds a valid appropriate commercial fishing license issued under statute
  5. Products produced from such seafood shall be processed in Louisiana. Domesticated catfish shall be processed in Louisiana from animals which were grown in Louisiana.
  6. Paper and paper products shall be manufactured or converted in Louisiana.
  7. All other agricultural or forestry products shall be produced, manufactured, or processed in Louisiana.

Meat and Meat products

Meat and meat products which are further processed in Louisiana under the grading and certification service of the Louisiana Department of Agriculture and Forestry, provided the cost of the further processed meat and meat products does not exceed the cost of other meat or meat products by more than 7% (does not have to lower bid price).

Catfish

 
Domesticated or wild catfish which are processed in Louisiana but grown outside of Louisiana provided the cost of the domesticated or wild catfish which are processed in Louisiana does not exceed the cost of the domesticated or wild catfish which are processed outside of Louisiana by more than 7% (does not have to lower bid price).
 

Produce

Produce processed in Louisiana but grown outside of Louisiana, provided the cost of the produce processed in Louisiana does not exceed the cost of produce processed outside of Louisiana by more than 7% (does not have to lower bid price).

Eggs or Crawfish

Eggs or crawfish which are processed in Louisiana under the grading service of the Louisiana Department of Agriculture and Forestry , provided the cost of the further processed eggs or crawfish does not exceed the cost of other eggs or crawfish by more than 7% (does not have to lower bid price).

Misc.

Materials, supplies, products, provisions, or equipment produced, manufactured, or assembled in Louisiana in which the following conditions are met:

  1. The cost of such items does not exceed the cost of other items outside the state by more than 10% (does have to lower bid price).
  2. The vendor of such Louisiana item agrees to sell the items at the same prices as the lowest bid offered.

Steel

Steel rolled in this state provided the cost of the steel rolled in this state does not exceed by more than 10% (does not have to lower bid price).

Treated Wood

The above preference language does not apply to treated wood poles or piling.

Clay

Preference shall not apply to Louisiana products whose source is a clay which is mined or originates in Louisiana and which is manufactured, processed or refined in Louisiana for sale as an expanded clay aggregate form different than its original state. This exception from preference does not apply to bricks manufactured in Louisiana.

Domestic Products

5% preference for products manufactured anywhere in the United States. This preference applies if no Louisiana product preference takes place.

​Rodeos and Livestock Shows

​In-state vendors given preference over out of state vendors provided cost does not exceed by more than 5%.

 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Tie Bids

 
Title 5 M.R.S.A Statute 1825-B (8)
 
The Director of the Bureau of General services shall award contracts or purchases to in-state bidders or to bidders offering commodities produced or manufactured in the State if the price, quality, availability and other factors are equivalent.
 

Best-Value Bidder

 
Title 5 M.R.S.A Statute 1825-B (9)
 
In determining the best-value bidder, the Director of the Bureau of General Services or any department or agency of the State shall, for the purpose of awarding a contract, add a percent increase on the bid of a nonresident bidder equal to the percent, if any, of the preference given to that bidder in the state in which the bidder resides.
 
 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Advantage
 
 
Reciprocal law applies to all State procurement.
  1. The term "preference" in reciprocal law has been substituted for the term "advantage" to take care of residency or other types of preference.
  2. Vendor need not claim preference.
 
Resident Bidder
 
"Resident bidder" means a bidder whose principal office is located in the state.
 
 
Boilers
 
Boilers must be able to burn Maryland coal.
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Goods and Supplies

 
Massachusetts General Laws ch. 7, section 22 (17) states that all things being equal, the state may give a preference to goods and supplies first manufactured and sold in the commonwealth, and then manufactured and sold domestically. We assign no percent under this statute.
 
 
Date of Last Verification Response
January 2001
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Michigan Preference
 
 
A preference is given to products manufactured or services offered by Michigan-based firms if all other things are equal and if not inconsistent with federal statute. (See MCL 18.1261)
 
 
Printing
 
 
STATE PRINTING LAW, Public Act 153 of 1937 (MCL 24.62)
 
All printing for the State of Michigan, except that which is printed for primary school districts, local government units and legal publications for elective state officers, must be printed in Michigan.
 
 
Reciprocal Preference
 
 
A reciprocal preference to a Michigan business against an out-of-state business is allowed for purchases exceeding $100,000 and if not inconsistent with federal statutes. Under this provision, a Michigan bidder is preferred in the same manner in which the out-of-state bidder would be preferred in its home state. To claim this preference a bidder must certify to being a Michigan business and must authorize the Department of Treasury to release information necessary to verify the entitlement. A business that purposefully or willfully submits a false certification is guilty of a felony, punishable by a fine of not less than $25,000. (See MCL 18.1268)
 
 
Date of Last Verification Response
October 2011
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
A.     RESIDENT BIDDER PREFERENCE (Effective August 1, 2014)
 Statutes 
​ ​

Acquisitions of:

Goods, General Services, Building Construction, and Utilities 

Minn. Stat. Ann. § 16C.06. subd. 10  

Profices that state's pruchasing prefrences are not cumulative.   

 

Designation of Procurements from Small Businesses

Minn. Stat. Ann. § 16C.16  

For specified goods or services, may award up to 6% preference to targeted group small businesses and veteran-owned small businesses, and may award up to 6% (and up to 4% for construction bids) to small businesses located in economically disadvantaged area.  “Small business” is limited to those with their principal place of business in Minnesota.
 

Purchase and Use of Paper Stock; Printing

Minn. Stat. Ann. § 16C.073, subd 2

Whenever practicable, public entities shall purchase paper which has been made on a paper machine located in Minnesota.
 

Specified Service Providers

Minn. Stat. Ann. § 16C.155, subd 1

Minnesota Department of Employment and Economic Development certified providers and Minnesota Department of Human Services licensed providers responding to a solicitation for janitorial services, document imaging services, document shredding services, and mailing, collating, and sorting services are eligible for a 6% preference.
 

All-terrain Vehicles

Minn. Stat. § 84.025, subd. 10

All all-terrain vehicles purchased by the commissioner of natural resources must be manufactured in the state of Minnesota.

Regulations:​​

​Tied Bids

Minn. R. Ann. 1230.0900, subp. 2

Preference Procurements from Socially Disadvantaged Small Businesses:
For commodities and services, certified targeted group small businesses are awarded up to a 6% preference.
 

Small Business

Minn. R. 1230.1810

Preference Procurements from Socially Disadvantaged Small Businesses:

For commodities and services, certified targeted group small businesses are awarded up to a 6% preference.
 

Small Business

Minn. R. 1230.1830

Preference Procurements from Economically Disadvantaged Small Businesses: 

For commodities and services, certified targeted group small businesses are awarded up to a 6% preference.
 

B.     RECIPROCAL PREFERENCE​ ​

​Acquisitions of:

Goods, General Services, Building Construction, and Utilities 

Minn. Stat. Ann. § 16C.06, subd. 7​n

Application of reciprocal preference.  The preference shall be equal to the preference given or required by the state of the nonresident vendor.
 
 Date of Last Verification Response
July 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
 

Construction

Source: Mississippi Code Annotated Section 30-3-21(3)

"(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. Any bid submitted by a nonresident contractor which does not include the nonresident contractor's current state law shall be rejected and not considered for award. 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. Any public agency awarding a contract shall promptly report to the State Tax Commission the following information:
(a) The amount of the contract.
(b) The name and address of the contractor reviewing the contract.
(c) The name and location of the project.”  

​Materials used in Construction

​Source: Mississippi Code Annotated Section 31-5-23

“In the construction of any building, highway, road, bridge, or other public work or improvement by the State of Mississippi or any of its political subdivisions or municipalities, only materials grown, produced, prepared, made and/or manufactured within the State of Mississippi should be used. Paint, varnish and lacquer shall be used which shall contain as vehicles tung oil and either ester gum or modified resin (with rosin as the principal base of constituents), and turpentine shall be used as solvent or thinner, all of which said products shall be produced in Mississippi. However, preference shall not be given to materials grown, produced, prepared, made and/or manufactured in the State of Mississippi when other materials of like quality produced without the State of Mississippi may be purchased or secured at less cost, or any other materials of better quality produced without the State of Mississippi can be secured at a reasonable cost.
The duty is hereby enjoined upon all public officers or bodies having the right to contract for the purchase of materials for any such public work to be paid for by the State of Mississippi or any of its political subdivisions or municipalities to faithfully observe the provisions of this section.
All contracts hereafter let to any person, firm or corporation for the construction or doing of any public work shall contain a provision enjoining a like duty upon the contractor with respect to the purchase of materials as would have rested upon the public officer or body letting the contract had he or it done the work and purchased the materials.
Nothing herein shall in any manner apply to any public work or improvement which will be paid for either in whole or in part by funds contributed either directly or indirectly by the United States.
This section is declaratory of public policy of the State of Mississippi.
The boards of supervisors of the State of Mississippi are hereby enjoined, in the letting of contracts in pursuance to section 65-9-19, to use any and all low gravity oil from the various oil fields in this state in the construction, maintenance, and upkeep of the rural roads, and to faithfully observe the provisions hereof.”
 
Commodities grown, processed or manufactured within Mississippi
 
Products made from recovered materials
 
Products manufactured or sold by the Mississippi Industries for the Blind
 
Source: Mississippi Code Annotated Section 31-7-15
 
“(1) Whenever two (2) or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured within this state, and whenever all things stated in such received bids are equal with respect to price, quality and service, the commodities grown, processed or manufactured within this state shall be given preference. A similar preference shall be given to commodities grown, processed or manufactured within this state whenever purchases are made without competitive bids, and when practical the Department of Finance and Administration may by regulation establish reasonable preferential policies for other commodities, giving preference to resident suppliers of this state.
(2) Any foreign manufacturing company with a factory in the state and with over fifty (50) employees working in the state shall have preference over any other foreign company where both price and quality are the same, regardless of where the product is manufactured.
(3) On or before January 1, 1991, the department of Finance and Administration shall adopt bid and product specifications to be utilized by all state agencies that encourage the procurement of commodities made from recovered materials. Preference in awarding contracts for commodities shall be given to commodities offered at a competitive price.
(4) Each state agency is required to procure products made from recovered materials when those products are available at a competitive price. For purposes of this subsection, “competitive price” means a price not greater than ten percent (10%) above the lowest and best bidder. A decision not to procure products made from recovered materials must be based on a determination that such procurement:
(a) Is not available within a reasonable period of time; or
(b) Fails to meet the performance standards set forth in the applicable specification; or
(c) Is not available at a competitive price.
(5) Whenever economically feasible, each state agency is required to purchase products manufactured or sold by the Mississippi Industries for the Blind.”

​Commodities, Equpment and Construction

​Source: Mississippi Code Annotated Section 30-7-47

“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.”

 
Date of Last Verification Response
January 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

​Preference to Missouri Products and Firms

​Statute 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, processed, or grown within the state of Missouri, to all new generation processing entities defined in section 348.432, except new generation processing entities that own or operate a renewable fuel production facility or that produce renewable fuel, 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.
 
For purposes of this section, "Commodities" shall include any forest products and bricks or any agricultural product that has been processed or otherwise had value added to it in this state.
 

Disabled Veterans

Statute 34.074.03

In letting contracts for the performance of any job or service, all agencies, departments, institutions, and other entities of this state and of each political subdivision of this state shall give a three-point bonus preference to service-disabled veteran businesses doing business as Missouri firms, corporations, or individuals, or which maintain Missouri offices or places of business.

Statute 34.074.4
 
In implementing the provisions of subsection 3 of this section, the following shall apply:
 
(2) If no, or an insufficient number of such veterans doing business in this state submit a bid or proposal for a contract let by an agency, department, institution, or other entity of the state or a political subdivision, such goal shall not be required and the provisions of subdivision (1) of this subsection shall not apply.
 

Preference to the Blind

Statute 34-165-1

In making purchases for this state, its governmental agencies or political subdivisions, the commissioner of administration shall give bidding preference consisting of a ten-point bonus on bids for products and services manufactured, produced or assembled in qualified nonprofit organizations for the blind established pursuant to the provisions of 41 U.S.C. Sections 46 to 48c, as amended and in sheltered workshops holding a certificate of approval from the department of elementary and secondary education pursuant to section 178.920 if the participating nonprofit organization provides the greater of two percent or five thousand dollars of the total contract value of bids for purchase not exceeding ten million dollars.

 
Preference to
food and beverages containing higher levels of calcium
 
Statute 34.375.1.  This section shall be known and cited as the "Missouri Calcium Initiative"
 
 
2. The purchasing agent for any governmental entity that purchases food or beverages to be processed or served in a building or room owned or operated by such governmental entity shall give preference to foods and beverages that:
(1) Contain a higher level of calcium than products of the same type and nutritional quality; and
 
(2) Are equal to or lower in price than products of the same type and nutritional quality.
 
3. Notwithstanding the provisions of subsection 2 of this section to the contrary, if a state institution determines that a high calcium food or beverage that is preferred pursuant to subsection 2 of this section will interfere with the proper treatment and care of a patient of such institution, the purchasing agent shall not be required to purchase the high calcium food or beverage for such patient.

Missouri Statutes

Missouri statutes can be located at:

http://www.moga.mo.gov/statutes/c034.htm

 
Date of  Last Verification Response
December 2014
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Goods and Construction
 
 
(18-1-102 MCA)
 
Reciprocal preference is applied only for Goods and Construction contracts equal to other bidder's in-state preference.
 
 
(18-4-303(10)MCA)
 
In case of a tie bid, preference must be given to the bidder, if any, offering American made products or supplies.
 
 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Tie Bids
 
 
Administrative Services, Material Division Rules and Regulations, Chapter 4, Section 003
 
Bids which are equal in all respects and tied in price shall be resolved by drawing of lots.  Nebraska vendors shall be given preference. Tie bids involving more than one Nebraska vendor shall be resolved by drawing lots among the Nebraska vendors.
 

State of Nebraska's Preference ​Laws

Resident Bidder

​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.

Disabled Veteran

 

Designated Enterprise Zone

 

​73-107 ​Resident

Resident disabled veteran or business located in designated enterprise zone; preference; contract not in compliance with section; null and void

(1) When a state contract is to be awarded to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone under the Enterprise Zone Act shall be allowed a preference over any other resident or nonresident bidder if all other factors are equal.
 
(2) For purposes of this section, resident disabled veteran means any person (a) who resides in the State of Nebraska, who served in the United States Armed Forces, including any reserve component or the National Guard, who was discharged or otherwise separated with a characterization of honorable or general (under honorable conditions), and who possesses a disability rating letter issued by the United States Department of Veterans Affairs establishing a service-connected disability or a disability determination from the United States Department of Defense and (b)(i) who owns and controls a business or, in the case of a publicly owned business, more than fifty percent of the stock is owned by one or more persons described in subdivision (a) of this subsection and (ii) the management and daily business operations of the business are controlled by one or more persons described in subdivision (a) of this subsection.
 
(3) Any contract entered into without compliance with this section shall be null and void.
 
 
Vending Facilities
Nebraska State Law, 71-8611
 
For the purpose of providing blind persons with remunerative employment, enlarging the economic opportunities of blind persons, and stimulating blind persons to greater efforts in striving to make themselves self-supporting, the commission shall administer and operate vending facilities programs pursuant to the federal Randolph-Sheppard Act, as amended, 20 U.S.C. 107 et seq.
 
Blind persons licensed by the commission pursuant to its rules and regulations are authorized to operate vending facilities in any federally owned building or on any federally owned or controlled property, in any state-owned building or on any property owned or controlled by the state, or on any property owned or controlled by any county, city, or municipality with the approval of the local governing body, when, in the judgment of the director of the commission, such vending facilities may be properly and satisfactorily operated by blind persons.
 
With respect to vending facilities in any state-owned building or on any property owned or controlled by the state, priority shall be given to blind persons, except that this shall not apply to the Game and Parks Commission or the University of Nebraska.
 
This priority shall only be given if the product price in the bid submitted is comparable in price to the product price in the other bids submitted for similar products sold in similar buildings or on similar property and all other components of the bid for a contract, except for any rent paid to the state, are found to be reasonably equivalent to the other bidders.
 
 
Date of  Last Verification Response
January 2015
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Nevada Revised Statutes
  
 
NRS 333.336 (Inverse preference imposed on certain bidders resident outside the state of Nevada) was repealed during 2009 legislative session.
 
 
Contractors Certificate of Eligibility
 
NRS 338.0117 and NRS 338.1446
Chapter 338 of the NRS can be found at the following link:
 
 
5% bidding preference is given to a contractor with a State of Nevada Certificate of Eligibility over a contractor without a certificate. The preference only applies to bids that are estimated over $250.000 and is used for ranking purposes only to determine the lowest bidder.
 
The application for the Certificate of Eligibility can be found at the following website under "forms":
 
 
The Nevada Contractors board will issue the certificate and it will be used in any public open competitive bidding.
 
 
Date of Last Verification Response
January 2015
 

​​

Reciprocal Law / Statute
No

 
Tie-Bid Preference
Yes
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
N/A
 

​Tie Bids

In the event​​ of a tie bid, the tie goes to the in-state bidder.  If there are no in-State bidders, the winner of the tie is determined by a drawn lot.   

  
Date of Last Verification Response
February 2013
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Resident Bidder
 
N.J.S.A. § 52:32-1.4 and N.J.A.C. 17:12-2.13
 
The Director shall apply on a reciprocal basis against an out-of-state bidder, any in-state preference which is applied in favor of that bidder by the state or locality in which the bidder maintains its principal place of business.
 

Definitions

 
N.J.A.C. § 17:12-2.13  Preference laws; out-of-State vendors
 
1) "In-State-Preference" means a procedure established by statute, rule, regulation or practice whereby a state or local government procurement agency gives a bidder an advantage in the evaluation of bids based on whether the bidder maintains its principal place of business within the borders of the state or locality, and includes any advantage given to a bidder based whether the goods or services offered in a bid were produced, manufactured, mined or grown within the borders of the state or locality. 
 
2) "Out-Of-State Bidder" means a bidder which does not have a regular place of business in New Jersey.
 
3) "Principal Place of Business" means a bidder's office, factory, warehouse or other space which is recognized by a state or local government as the basis for applying an in-State preference in favor of the bidder.
 
4) "Regular Place of Business" means a bona fide office, factory, warehouse or other space which is regularly maintained by the bidder, occupied by one or more of the bidder's employees and is used in carrying on the bidder's business.  The maintenance of a temporary job site or field office in New Jersey, the storage of goods in New Jersey, and the employment of an independent agent or subcontractor in New Jersey do not, individually or combined, constitute regular place of business. 
 
 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

A​pplication of Preferences​

Procurement Statute 13-1-21 (Section A)​​

(1) "resident business" means a New Mexico resident business or a New York state business enterprise;
 
(2) "New Mexico resident business" means a business that is authorized to do and is doing business under the laws of this state and:

(a) that maintains its principal place of business in the state;

(b) has staffed an office and has paid applicable state taxes for two years prior to the awarding of the bid and has five or more employees who are residents of the state; or

 (c) is an affiliate of a business that meets the requirements of Subparagraph (a) or (b) of this paragraph. As used in this section, "affiliate" means an entity that directly or indirectly through one or more intermediaries controls, is controlled by or is under common control with the qualifying business through ownership of voting securities representing a majority of the total voting power of the entity;

(3) "New York state business enterprise" means a business enterprise, including a sole proprietorship, partnership or corporation, that offers for sale or lease or other form of exchange, goods or commodities that are substantially manufactured, produced or assembled in New York state, or services, other than construction services, that are substantially performed within New York state. For purposes of construction services, a New York state business enterprise means a business enterprise, including a sole proprietorship, partnership or corporation, that has its principal place of business in New York state;
 

(4) "resident manufacturer" means a person who offers materials grown, produced, processed or manufactured wholly in the state; provided, however, that a New York state business enterprise shall be deemed to be a resident manufacturer solely for the purpose of evaluating the New York state business enterprise's bid against the bid of a resident manufacturer that is not a New York state business enterprise.

(5)  "recycled content goods" means supplies and materials composed in whole or in part of recycled materials; provided that the recycled materials content meets or exceeds the minimum
content standards required by bid specifications; and

 

(6)  "virgin content goods" means supplies and materials that are wholly composed of non-recycled materials or do not meet minimum recycled content standards required by bid specification.

​Application of Preferences

Procurement Statute 13-1-21 (Sections B-L)

New Mexico law provides certain statutory preferences to resident businesses, resident veteran businesses, resident contractors and resident veteran contractors as well as for recycled content goods. These preferences must be applied in regard to invitations for bids and requests for proposals in accordance with statute in determining the lowest bidder or offeror.
 

​Certification

Procurement Statute 13-1-21 (Sections B-L)

New Mexico law provides certain statutory preferences to resident businesses, resident veteran businesses, resident contractors and resident veteran contractors as well as for recycled content goods.  These preferences must be applied in regard to invitations for bids and requests for proposals in accordance with statute in determining the lowest bidder or offeror.

​Link to Statutes

​For more detailed information regarding New Mexico Procurement Statutes, click on the following link:

Procurement Statutes Section 13

 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Reciprocal Language
 
Under the Omnibus Procurement Act of 1992 and Amendments of 1994, (now Section 165.6 a-e of the State Finance Law) the Office of General Services may deny to a vendor placement on bidders mailing lists and award of contracts that they would otherwise obtain if their principal place of business is located in a jurisdiction that penalizes New York State vendors and if the goods or services offered will be substantially produced or performed outside New York State.
 
These sanctions may be waived when it is determined to be in the best interest of New York State to do so.
 
 
Recycled Products
 
 
Two step policy for recycled products. 10% preference is applied for a recycled content product without regard to the product's origin. An additional 5% preference may be granted if at least 50% of the secondary materials utilized in manufacture of that product are generated from the waste stream in New York State.
 
Agricultural products, including foods and beverages
 
 
1) Catering
 
Promotion of New York agricultural products, including foods and beverages, is an important part of the mission of the Department of Agriculture and Markets (AGR).  the Licensee will be strongly encouraged to participate in the promotion of New York grown or produced food and beverages.  Examples of participation may include:
 

     a) display of signage provided by AGR or a New York vendor,

     b) special menu items featuring New York food or:

     c) the sale of New York produces beverage items including beer, wine and spirits.

2) Food Products

The Commissioner of the office of General Services (OGS) recognizes the importance of utilizing food products that are grown, produces, harvested or processed in New York State.  In order to advance this objective, OGS stongly encourages companies to fulfill the requirements of contracts awarded with products, including foods and beverages, that are grown, produced, harvested or processed, in whole or in part, in New York State and ti identify those items in their price guides.  

If any laws are passed with regard to usage of NYS food products, Agencies are required to follow those laws and the Contractor is required to designate all NYS products within their Price Guide.
 
 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
General Statute
§ 143.59
 
(a) Preference

The Secretary of Administration and any State agency authorized to purchase foodstuff or other products, shall, in the purchase of or in the contracting for foods, supplies, materials, equipment, printing or services give preference as far as may be practicable to such products or services manufactured or produced in North Carolina or furnished by or through citizens of North Carolina:

Provided, however, in giving such preference no sacrifice or loss in price or quality shall be permitted.

Further, preference in all cases shall be given to surplus products or articles produced and manufactured by other State departments, institutions, or agencies which are available for distribution.
 
 
(b) Reciprocal Preference

For the purpose only of determining the low bidder on all contracts for equipment, materials, supplies, and services valued over twenty‑five thousand dollars ($25,000), a percent of increase shall be added to a bid of a nonresident bidder that is equal to the percent of increase, if any, that the state in which the bidder is a resident adds to bids from bidders who do not reside in that state.
 
 
(c) Definitions 
 
Resident Bidder- a bidder that has paid unemployment taxes or income taxes in this State and whose principal place of business is located this this State.
Nonresident Bidder - a bidder that is not a resident bidder as defined in (1).
Principal place of business- The principal place from which the trade or business of the bidder is directed or managed.
 
A bidder and offeror, as well as bid and proposal, are interchangeable. 
 
 
(d) Exemptions

A reciprocal Preference shall not apply to procurements made under G.S. 143-53(a)(5) and G.S. 143-57.

See:
 
 
 
(e) Award of Contract

When a contract is awarded by the Secretary using the provisions of subsection (b), a report of the nature of the contract, the bids received and the award to the successful bidder shall be posted on the Internet as soon as practicable. 
 
 
(f) Resident Bidder Notification

When the Secretary puts a contract up for competitive bidding, the Secretary shall endeavor to provide notice to all resident bidders who have expressed an interest in bidding on contracts of that nature. The Secretary may opt to provide notice by electronic means only. 
 
 
Executive Order No. 50
 
The North Carolina Governor has established a second in-state (but not reciprocal) preference by Executive Order. This preference is applied to bids on goods (but not services) submitted by resident North Carolina vendors, if the lowest bid from a resident vendor is within $10,000 or within five (5) percent (whichever amount is less) of the lowest bid. In such a case, the resident bidder may opt to match the lowest price and receive the bid award.

For more detailed information, please visit North Carolina General Statutes at:

http://www.doa.state.nc.us/PandC/Documents/NC-Preference-FAQs.pdf
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference & Conditions including Law Citation
 

General Information

 
Reciprocal preference law applies to the Office of Management and Budget, any other state entity, and the governing body of any political subdivision when purchasing any goods, equipment, and contracting to build or repair any building, structure, road or other real property, and professional services.
(ref. N.D.C.C. § 44-08-01).
 
A “resident” North Dakota bidder, offeror, seller, or contractor is one who has maintained a bona fide place of business within North Dakota for at least one year prior to the date on which a contract was awarded.
(ref. N.D.C.C. § 44-08-02).
 
Tie bid preference must be given to bids or proposals bids submitted by North Dakota vendors.
(ref. N.D.C.C. § 44-08-01.1). If a tie remains, preference must be given to approved vendors on the State Bidders List
[ref. N.D.C.C. § 54-44.4-09(4) ] and
 
[N.D.A.C. § 4-12-11-05  may apply].
 

Coal

 
When purchasing coal, state agencies and institutions must comply with N.D.C.C. § 48-05-02.1 which describes how to apply preference for bidders supplying coal mined in North Dakota.
 

Food

During the 2003 legislative session, Senate Concurrent Resolution No. 4018 was passed which urges all publicly supported entities that purchase food to support North Dakota producers and processors by purchasing food products grown or produced and processed in North Dakota.

Sustainability
(Environmentally Preferable Products and Bio-based Products)

N.D.C.C. § 54-44.4-07 encourages the Office of Management and Budget, institutions of higher education, state agencies and institutions to purchase environmentally preferable products. Where practicable, bio-based products and soybean-based ink should be specified. The Office of Management and Budget, in coordination with the State Board of Higher Education, shall develop guidelines for a bio-based procurement program.

Recycled Paper

N.D.C.C. § 54-44.4-08 requires that at least 20% the total volume of paper and paper products purchased for state agencies and institutions contain at least 25% recycled material. the Office of Budget and Management must track compliance.

Printing

 
N.C.D.C. § 46-02-15 requires that if practicable, all state, county and other political subdivision public printing, binding and blank book manufacturing, blanks and printed stationery must be awarded to a resident North Dakota bidder as defined in N.D.C.C. § 44-08-02. See also N.D.A.C. § 4-12-16-01.
 

Soybean-based Ink

N.D.C.C § 54-44.4-07 requires that where practicable, specifications for purchasing newsprint printing services should specify the use of soybean-based ink.

American Flags

 
N.D.C.C. § 44-08-22 requires that any state entity or political subdivision may not purchase a flag of the United States of America unless the flag is manufactured in the United States of America. Items that are not flags, but which bear a likeness of the flag, such as food, clothing, lapel pins, a paper product or other non-flag items are excluded from this law.
 

Direct Manufacturer Motor Vehicle Sales

 
N.D.C.C. § 39-22-25 states that a manufacturer or franchiser may not offer to sell directly or sell indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line make covering the new motor vehicle. This section does not apply to manufacturer or franchiser sales of new motor vehicles to the federal government, charitable organizations, or employees of the manufacturer or franchiser. Any person violating this section is guilty of a class A misdemeanor.
 

Work Activity Centers

General;

N.D.C.C. § 25-16.2 states "If acceptable commodities or services are produced or provided by a work activity center at fair market price, and state entity or political subdivision may enter a contract to purchase directly from the work activity center without obtaining competition."

A "work activity center" is defined as "a facility, licensed by the department of human services, which is located in the state and operated by a nonprofit corporation organized for the primary purpose of employing and providing rehabilitative activities for individuals with physical disabilities, developmental disabilities, or chronic mental illnesses."

(Also see N.D.C.C. § 4-12-09-06.)

Construction Stakes

​N.D.C.C § 25-16.2 requires that the office of management and budget or the department of transportation must award any contract for highway grade stakes to work activity centers.

 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Domestic products

First, consider domestic products as defined under federal Buy America laws/rules. See: ORC 125.09 (C) (7); 125.11 (B); OAC 123:5-1-06.

Supplies, Services, IT

The preference only applies to purchases of supplies, services and information technology that use the Invitation to Bid and Reverse Auction processes. Not mandatory for RFPs. See: ORC 125.11 (A); 125.09(A), OAC 123:5-1-06 (D).

 
5%: Qualifications

To qualify for the 5% preference, bidder must be an "Ohio" bidder; 1) offering product produced, raised, grown or manufactured in Ohio or 2) has significant Ohio economic presence - pays taxes, registered with Ohio Secretary of State and has 10 or more or 75% of workforce located in Ohio. See: OAC 123:5-1-06 (3) (d).

 
Construction &
Printed Goods

Reciprocal preferences are given to construction and printed goods to all recognized Bordering States with the exception of State of Michigan for printing. See: OAC 123:5-1-06.

Mined Products

Mined products must be mined in Ohio or in qualifying border states. See: OAC 125.09(C) (1); 125.11

Border States

Border state bidders are treated on the same level as Ohio bidders provided the border state does not apply a preference toward Ohio bidders. Currently Indiana (except mined products), Pennsylvania, Kentucky, Michigan and New York are recognized as border states. See: ORC 125.09(C) (4).

 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
  

None​​

1) Oklahoma currently observes the Reciprocal laws of other states in the acquisition process.

 ​2) No preference for Tie Bids

 3) No established percentile preference for products or services. ​

  
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Printing

 
ORS 282.010 and 282.020
 
All printing is set aside for Oregon printers unless in-state printers are unable to supply, including embossed and digitally produced vehicles license plates. 
 
 
Reciprocal Law
 
 
ORS 279A.120
 
Reciprocal law is based on residency and applies to state and political subdivisions for commodities, services and construction. It applies when an out-of-state bidder's home state grants a preference to its own in-state bidders. 
 
 
Tie Bids
 
 
See ORS 279A.120
 
If offers are the same, the in-state offeror wins the award. 
 
 
Date of Verification
December 2014
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Reciprocal Limitations Act
 
 
 
 
62 Pa. C.S. § 107
 
The Reciprocal Limitations Act applies to the procurement of supplies in excess of $10,000.
 
It requires the application of a preference to resident bidders against bidders from states that give a preference to resident bidders in an equal percentage.
 
It also prohibits the procurement of supplies from states or their bidders that limit the procurement of the supplies to those produced, manufactured, mined, grown or performed in-state.
 
 
Coal
 

 
71 P.S. § 650
 
Any heating system installed in a commonwealth owned facility be fueled by coal that is produced by Pennsylvanian mines or any mixture or synthetic derived, in whole or in part, from coal produced in Pennsylvania mines unless the Secretary of General services exempts the heating system from the act based upon enumerated exemptions.
 
 
Recycled Products
 
 
 
 
62 Pa. C.S. § 108
 
Pursuant to Section 108 of the Commonwealth Procurement Code and Part 1, Chapter 22(C)(2) of the Procurement Handbook, the Commonwealth will provide a preference to any bidder (not just resident bidders) who meet the minimum recycled content percentage established in the bid.
 
Motor Vehicle Procurement Act
 
 
 
62 Pa. C.S. § 3731, et seq.
 
The Motor Vehicle Procurement Act requires that all government agencies procure only motor vehicles which are manufactured in North America.
 
A motor vehicle is manufactured in North America if a substantial majority of the principal components as assembled into the final product in an assembly plant in North America.
 
 
Date of Last Verification Response
January 2015
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
No
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
No details available 
 
Date of Last Verification Response
March 2009
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
7%
 
In-State preference for procurements: Preference request must be claimed at time bid is submitted.
 
This in-state preference does not apply to:
  1. Procurement of construction
  2. When price of a single unit involved is more than $30,000
  3. Requests for proposals
  4. awards less than $10,000
Made In-State/In U.S. Preference:
  1. End products made, manufactured or grown in South Carolina shall be procured unless the cost is 7% higher than end products made, manufactured or grown in other U.S. states or foreign countries or territories.
  2. If the same or substantially the same end products are not available in South Carolina, end products made in states other than South Carolina shall be procured unless the cost is 2% higher than end products from a foreign country or territory.
 
Date of Last Verification Response
May 2002
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Up to 5% to Grade A milk processors
 
South Dakota Codified Laws (SDCL) 5-18A-24
 
Any milk processor licensed pursuant to §39-6-7, bidding any milk or milk product under a competitive bid contract shall receive the bid contract if the processor's bid is equal to or within 5% or less of any other bidder who is not a licensed processor.
 
Source: SL 2010, Ch. 31 § 27.
 

Preferences

 
SDCL 5-18A-25
 
Preferences to certain resident businesses, qualified agencies and businesses using South Dakota supplies or services. In awarding a contract, if all things are equal including the price and the quality, a purchasing agency shall give preference to:
 
1) To a qualified agency if the other equal low bid or proposal was submitted by a business that was not a qualified agency;
 
2) To a resident business if the other equal low bid or proposal was submitted by a nonresident business;
 
3) To a resident manufacturer if the other equal low bid or proposal was submitted by a resident business that is not a manufacturer;
 
4) To a resident business whose principal place of business is located in the State of South Dakota, if the other equal low bid or proposal was submitted by a resident business whose principal place of business is not located in the State of South Dakota; or
 
5) To a nonresident business providing or utilizing supplies or services found in South Dakota, if the other equal low bid or proposal was submitted by a nonresident business not providing or utilizing supplies or services found in South Dakota.
 
In computing price, the cost of transportation, if any, including delivery, shall be considered.
 
Source: SL 2010, Ch. 31,§ 28.
 

Resident Bidder

 
SDLC 5-18A-1 (26)
 
A Resident bidder shall be allowed a preference on a contract against the bid or an bidder from any other state or foreign province that enforces or has a preference for resident bidders. The preference given to the resident bidder shall be equal to the preference in the other state or foreign province.
 
Source SL 2010, Ch. 31 § 29.
 

Definitions

 
"Qualified agency" is any public or private nonprofit corporation geographically located in the State of South Dakota that provides services for persons with disabilities and is certified by the Department of Human Services.
 
"Resident" is any person, partnership, association, limited liability company foreign limited liability company, corporation or foreign corporation licensed to do business within this state that has maintained a substantial and bona fide place of business and has conducted business from within this state for at least one year prior to the date on which the contract was awarded.
 
"Foreign Corporation" licensed pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive, is not a considered a resident if the state or country in which it is organized enforces or has a preference for resident bidders.
 
Source SL 2010, Ch. 31, § 2.
 
 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Meat

 
T.C.A. § 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.
 
T.C.A. § 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.
 

Coal

 
T.C.A. § 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.
 

Natural Gas

 
T.C.A. § 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.
 
Goods & Services
 
T.C.A. § 12-4-121. Preference to Tennessee products when purchasing Goods:
 
Goods produced in this state or offered by Tennessee bidders shall equally be given preference if the cost to the state and quality are equal; and,
 
Agricultural products grown in this state shall be given first preference and agricultural products offered by Tennessee bidders shall be given second preference, if the cost to the state and quality are equal.
 
If goods, including agricultural produces, produced or grown in this state or offered by Tennessee bidders are not equal in cost and quality to other products, then goods, including agricultural products, produced or grown in other state of the United States shall be given preference over foreign products if the cost to the state and quality are equal.
 
The commission and all state agencies making purchases of vegetation for landscaping purposes, including plants, shall give preference to Tennessee vegetation native to the region if the cost to the state is not greater and the quality is not inferior.
 
Services:
 
All departments and agencies procuring services shall give preference to services offered by a Tennessee bidder if:
  1. The services meet state requirements regarding the service to be performed and expected quality; and
  2. the cost of the service does not exceed the cost of other similar services of similar expected quality that are not offered by a Tennessee bidder.
 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Tie Bids:
 
 
Preference in tie bids for goods and agricultural products produced or grown in Texas, or offered by Texas bidders that are of equal cost and quality to other states of the United States.
 
Preference in tie bids for goods and agricultural products from other states of the United States over foreign goods and agricultural products that are of equal cost and quality.
 
For further info, please contact:
 
 
Preference
 
 
Texas Statute of the Government Code, chapter 2252 § 2252.002 states that in if the low bidder is from a state that grants a percent preference to its own in-state bidders, the Texas agency must add the same percent of preference to that bidder's price when evaluating the bid.
 
 
Date of Last Verification Response
December 2012
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Resident
 
 
 
 
To get reciprocal preference, the Utah vendor must claim preference in the bid and be within the applicable preference percentage of the lowest responsible out-of-state bidder who is entitled to a preference in his/her state. If so, Utah vendor has 72 hours to consent in writing to meet the price of the lowest responsible out-of-state bidder which has an in-state preference law.
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
None
 
Preference Conditions including Law Citation
 
 
Resident
 
 
All other considerations being equal, preference will be given to resident bidders of the state and/or to products raised or manufactured in the state.
 
 
Date of Last Verification Response
February 2013
 


Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Products

Statute 2.2-4324. Preference for Virginia Products with recycled content and for Virginia firms.

A. In the case of a tie bid, preference shall be given to goods produced in Virginia, goods or services or construction provided by Virginia persons, firms or corporations; otherwise the tie shall be decided by lot.

B. Whenever the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a percentage preference, a like preference shall be allowed to the lowest responsive and responsible bidder who is a resident of Virginia and is the next lowest bidder.

If the lowest responsive and responsible bidder is a resident of any other state and such state under its laws allows a resident contractor of that state a price-matching preference, A like preference shall be allowed to responsive and responsible bidders who are residents of Virginia.

If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered.

The Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts.

For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.

C. Notwithstanding the provisions of subsections A and B, in the case of a tie bid in instances here goods are being offered, and existing price preferences have already been taken into account, preference shall be given to the bidder whose goods contain the greatest amount of recycled content.

D. For the proposes of this section, a Virginia person, firm or corporation shall be deemed to be a resident of Virginia if such person, firm or corporation has been organized pursuant to Virginia law or maintains a principal place of business within Virginia.

4% Coal

Statute 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 greeted the bid price of the low responsive and responsible bidder offering coal mined elsewhere.

10% Recycled Paper Products

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

A. In determining the award of any contract for paper and paper products to be purchased for use by agencies of the Commonwealth, the Department of General Services shall procure using competitive sealed bidding and shall award to the lowest responsible bidder offering recycled paper and paper products of a quality suitable for the purpose intended, so long as the bid price is not more than ten percent greater than the bid price of the low responsive and responsible bidder offering a product that does not qualify under subsection B.

B. For purposes of this section, recycled paper and paper products means any paper or paper products meeting the EPA Recommended Content Standards as defined in 40 C.F.R. Part 247.

 
Date of Last Verification Response
January 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

Goods

Exclusive purchase of goods provided by the Washington Inmate Labor Programs. Refer to RCW 39.26.251 (Recodified); RCW 72.60.160;
and RCW 39-26-102 (Recodified) for more information about this preference.

 
Date of Last Verification Response
January 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Bid and proposal preferences
 
 
District Code: § 2-218.43
 
(a) In evaluating bids or proposals, agencies shall award preferences as follows:
 
   (1). In the case of proposals, points shall be granted as follows:
A.  Three points for a small business enterprise;
 
B.  Five points for a resident-owned business;
 
C.  Five points for a longtime resident business;
 
D.  Two points for a local business enterprise;
 
E.  Two points for a local business enterprise with its principal office located in an enterprise zone;
 
F.  Two points for a disadvantaged business enterprise;
 
G . Two points for a veteran-owned business enterprise;
 
H.  Two points for a local manufacturing business enterprise.
2). In the case of bids, a percentage reduction in price shall be granted as follows:
A.  3% for a small business enterprise;
 
B.  5% for a resident-owned business;
 
C.  10% for a longtime resident business;
 
D.  2% for a local business enterprise;
 
E.  2% for a local business enterprise with its principal office located in an enterprise zone;
 
F.  2% for a disadvantaged business enterprise
 
Certified Business Enterprise
 
(b) A certified business enterprise shall be entitled to any or all of the preferences provided in this section, but in no case shall a certified business enterprise be entitled to a preference of more than 12 points or a reduction in price of more than 12 percent.
 
 
Date of Last Verification Response
February 2013
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

A successful bid shall be determined and accepted as follows:

 
Resident
2 1/2 %
 
 
A) From an individual resident vendor who has resided in West Virginia continuously for the 4 years immediately preceding the date the bid was submitted or
 
B) From a partnership, association, corporation resident vendor, or from a corporation nonresident vendor which has an affiliate or subsidiary which employs a minimum 100 state residents and which has maintained its headquarters or principal place of business within West Virginia continuously for 4 years immediately preceding the date on which the bid was submitted.
 
C) From a resident vendor who employs at least 75% of the vendor's employees are residents of West Virginia who have resided in the state continuously of the two immediately preceding years.
 
See: West Virginia code, § 5A-3-37 (a) (1) or § 5A-3-37 (a) (2) for more information
 

Non-Resident

 
D) From a nonresident vendor, which employs a minimum of one hundred (100) state residents or a nonresident vendor which has an affiliate or subsidiary which maintains its headquarters or principal place of business within West Virginia and which employs a minimum of 100 state residents, if, for purposes of producing or distributing the commodities or completing the project which is the subject of the vendor's bid and continuously over the entire term of the project, on average at least 75% of the vendor's employees or the vendor's affiliate's or subsidiary's employees are residents of West Virginia who have resided in the state continuously for the 2 immediately preceding years and the vendor's bid does not exceed the lowest qualified bid from a nonresident vendor by more than 2 1/2% of the latter bid.
 
See § 5A-3-37 (a) (3)
 
 
Veterans
3 1/2%
 
 
F) From an individual resident vendor who is a veteran of the United States Armed Forces, the Reserves or the National Guard and has resided in West Virginia continuously for the 4 years immediately preceding the date on which the bid is submitted.
 
See § 5A-3-37 (a) (6)
 
 
Small,
Women-Owned, Minority-Owned Businesses
 
 
If any nonresident vendor that is bidding on the purchase of commodities or printing by the director or by a state department is also certified as a Small, Women-owned, or minority-owned business in West Virginia, the nonresident vendor shall be provided the same preference made available to any resident vendor.
 
See § 5A-3-37 (a) (7)
 
See § 5A-3-59 for qualifications for Small, Women-owned or Minority-owned businesses.
 
 
Date of Last Verification Response
December 2014
 

Reciprocal Law / Statute
Yes
 
Tie-Bid Preference
No
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 
 
Resident

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.

 
Date of VLast Verification Response
February 2013
 

Reciprocal Law / Statute
No
 
Tie-Bid Preference
Yes
 
Reciprocal Preference
Yes
 
Preference Conditions including Law Citation
 

5% Commodities and Construction

Preference of up to 5% applies to State and political subdivisions for all commodities manufactured or produced in Wyoming or supplied by a Wyoming resident capable of serving the same. For construction, 5% preference is granted if not more than 20% is subcontracted to out-of-state firms.

 
10% Printing
 
For printing, 10% preference is granted if 75% or more of the work is done in-state.
 
 
Date of Last Verification Response
May 2009