purchasing

New Jersey Resident Bidder Preference

Revised August 14, 2024

New Jersey Statutes

Title 52. State Government, Departments and Officers

Subtitle 5. Public Works, Contracts and Printing

Chapter 32. General Provisions

52:32-1.4 . Bidder with principal place of business in another state with laws or regulations causing disadvantage in another state; conditions for bid; waiver of act

Any bidder with its principal place of business located in another state which has provisions of state law, rules or regulations causing disadvantage to any bidder for a public contract to provide like goods, services or both to that state because the bidder's principal place of business is located outside of that state shall have like conditions applied to it in a manner pursuant to regulations issued by the State Treasurer when bidding for a public contract in this State. The provisions of this act may be waived with respect to a bidder, if the State Treasurer, on the basis of economic or other circumstances, determines it to be in the best interest of the State.

New Jersey Administrative Code

Title 17. Treasury – General

Chapter 12. Division of Purchase and Property: Purchase Bureau and Contract Compliance and Administration Unit; Surplus Property Unit, Computer Distribution Program

Subchapter 2. Advertised Procurement Procedures

17:12-2.13. Preference laws; out-of-State vendors

(b) Pursuant to the provisions of N.J.S.A. 52:32-1.4 et seq., the Director shall apply on a reciprocal basis against an out-of-State bidder any in-state preference that is applied in favor of that bidder by the state or locality in which the bidder maintains its principal place of business.

(e) The Director shall also apply in-State preference in the evaluation of proposals whenever a proposal is received from an out-of-State bidder where residential preference statutes, rules, regulations, or practices exist in political sub-divisions of a state. It shall be the responsibility of the bidder or bidders for a specific procurement to provide written evidence to the Director of the existence of such local government preference rules, regulations, ordinances, charters, or practices either with the bidder's proposal or within five business days after the deadline for proposal submission. Written evidence that is not provided to the Director within five business days of the public proposal opening may not be considered in the evaluation of that procurement, but may be retained and considered in the evaluation of subsequent procurements.

(f) Consistent with the procedures and practices of the Division, the Director shall reasonably apply any reciprocal in-State preference in a similar manner and to similar effect as the other state or locality. Where an in-state preference is applied by another state or locality in the form of a percentage which is added to or subtracted from bidders' prices, markups, or discounts, the Director shall similarly apply the same percentage against an affected out-of-State bidder. Where an in-state preference is applied by another state or a locality in the form of a categorical rejection of certain proposals, the Director shall apply a similar categorical rejection against an affected out-of-State bidder.