63G-6-404 - Preference for providers of state products.
63G-6-404. Preference for providers of state products.
(1) (a) All public procurement units shall, in all purchases of goods, supplies, equipment,materials, and printing, give a reciprocal preference to those bidders offering goods, supplies,equipment, materials, or printing produced, manufactured, mined, grown, or performed in Utahas against those bidders offering goods, supplies, equipment, materials, or printing produced,manufactured, mined, grown, or performed in any state that gives or requires a preference togoods, supplies, equipment, materials, or printing produced, manufactured, mined, grown, orperformed in that state.
(b) The amount of reciprocal preference shall be equal to the amount of the preferenceapplied by the other state for that particular good, supply, equipment, material, or printing.
(c) (i) The bidder shall certify on the bid that the goods, supplies, equipment, materials,or printing offered are produced, manufactured, mined, grown, or performed in Utah.
(ii) The reciprocal preference is waived if that certification does not appear on the bid.
(2) (a) If the bidder submitting the lowest responsive and responsible bid offers goods,supplies, equipment, materials, or printing produced, manufactured, mined, grown, or performedin a state that gives or requires a preference, and if another bidder has submitted a responsive andresponsible bid offering goods, supplies, equipment, materials, or printing produced,manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocalpreference, his bid is equal to or less than the original lowest bid, the procurement officer shall:
(i) give notice to the bidder offering goods, supplies, equipment, materials, or printingproduced, manufactured, mined, grown, or performed in Utah that the bidder qualifies as apreferred bidder; and
(ii) make the purchase from the preferred bidder if, the bidder agrees, in writing, to meetthe low bid within 72 hours after notification that the bidder is a preferred bidder.
(b) The procurement officer shall include the exact price submitted by the lowest bidderin the notice the procurement officer submits to the preferred bidder.
(c) The procurement officer may not enter into a contract with any other bidder for thepurchase until 72 hours have elapsed after notification to the preferred bidder.
(3) (a) If there is more than one preferred bidder, the procurement officer shall award thecontract to the willing preferred bidder who was the lowest preferred bidder originally.
(b) If there were two or more equally low preferred bidders, the procurement officer shallcomply with the rules adopted by the Procurement Policy Board to determine which biddershould be awarded the contract.
(4) The provisions of this section do not apply if application of this section mightjeopardize the receipt of federal funds.
Renumbered and Amended by Chapter 382, 2008 General Session