Reciprocal preference for resident bidders

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    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Nonresident bidder” means a bidder whose principal office is outside the State.

        (3)    “Preference” includes:

            (i)    a percentage preference;

            (ii)    an employee residency requirement; or

            (iii)    any other provision that favors a resident over a nonresident.

        (4)    “Resident bidder” means a bidder whose principal office is in the State.

    (b)    When a political subdivision or an instrumentality of government in the State uses competitive bidding to award a procurement contract, the political subdivision or instrumentality may give a preference to the resident bidder who submits the lowest responsive bid of any resident bidder if:

        (1)    the resident bidder is a responsible bidder;

        (2)    a responsible nonresident bidder submits the lowest responsive bid of all bidders; and

        (3)    the state in which the nonresident bidder’s principal office is located gives a preference to its residents.

    (c)    A preference under this section shall be identical to the preference that the state in which the nonresident bidder’s principal office is located gives to its residents.


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