Sec. 4e-48. (Note: This section is effective October 1, 2009.) Reciprocal preference provision in award of state contracts. Definitions. Application of provision. List of states with in-state preferen
Sec. 4e-48. (Note: This section is effective October 1, 2009.) Reciprocal preference provision in award of state contracts. Definitions. Application of provision.
List of states with in-state preference published by the State Contracting Standards
Board. (a) For the purposes of this section, "nonresident bidder" means a business that
is not a resident of the state that submits a bid in response to an invitation to bid by a state
contracting agency, "resident bidder" means a business that submits a bid in response to
an invitation to bid by a 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 4e-1 and "state contracting agency" means "state contracting agency", as defined in section
4e-1.
(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 state contracting agency shall add a per cent 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.
(c) Not later than January 1, 2009, and each January thereafter, the State Contracting
Standards Board shall publish a list of states that give preference to in-state bidders with
the per cent increase applied in each state. Such list shall be made available to all state
contracting agencies and may be relied upon by such agencies in determining the lowest
responsible bidder.
(P.A. 08-154, S. 2.)
History: P.A. 08-154 effective October 1, 2009.