WILLIAM DONALD SCHAEFER, Governor

Ch. 48

(A)  DEFINITIONS.

(1)  IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "PREFERENCE" INCLUDES:

(I)  A PERCENTAGE PREFERENCE;

(II)  AN EMPLOYEE RESIDENCY REQUIREMENT; OR

(III) ANY OTHER PROVISION THAT FAVORS A
RESIDENT OVER A NONRESIDENT.

(3)  "RESIDENT BIDDER" MEANS A BIDDER WHOSE PRINCIPAL
OFFICE IS LOCATED IN THE STATE.

(B)  CONDITIONS FOR PREFERENCE.

WHEN A UNIT USES COMPETITIVE SEALED BIDDING TO AWARD A
PROCUREMENT CONTRACT, THE UNIT MAY GIVE A PREFERENCE TO THE
RESIDENT BIDDER WHO SUBMITS THE LOWEST RESPONSIVE BID FROM A
RESIDENT BIDDER IF:

(1)  THE RESIDENT BIDDER IS A RESPONSIBLE BIDDER;

(2)  A RESPONSIBLE BIDDER WHOSE PRINCIPAL OFFICE IS IN
ANOTHER STATE SUBMITS THE LOWEST RESPONSIVE BID;

(3)  THE OTHER STATE GIVES A PREFERENCE TO ITS
RESIDENTS; AND

(4)  A PREFERENCE DOES NOT CONFLICT WITH A FEDERAL LAW
OR GRANT AFFECTING THE PROCUREMENT CONTRACT.

(C)  FORM OF PREFERENCE.

A PREFERENCE UNDER THIS SECTION SHALL BE IDENTICAL TO THE
PREFERENCE THAT THE OTHER STATE GIVES TO ITS RESIDENTS.

REVISOR'S NOTE: Subsections (a), (b)(1), (3), and (4), and
(c) of this section are new language derived without
substantive change from former SF § ll-145(a)(l) and
(2), (b), and (c).

Subsection (b)(2) of this section is new language
added to state expressly that which only was implied
in the former law.

In subsection (a)(2) of this section, the word
"preference" is substituted, as the defined term, for
the former word "advantage", for clarity.

- 1701 -