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Utah Resident Bidder Preference
Revised August 14, 2024
Utah Code
Title 63G. General Government
Chapter 6a. Utah Procurement Code
Part 10. Preferences
§ 63G-6a-1002 . Reciprocal preference for providers of state products
(1)(a) An issuing procurement unit shall, for all procurements, give a reciprocal preference to those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in Utah over those bidders offering procurement items that are produced, manufactured, mined, grown, or performed in any state that gives or requires a preference to procurement items that are produced, manufactured, mined, grown, or performed in that state.
(b) The amount of reciprocal preference shall be equal to the amount of the preference applied by the other state for that particular procurement item.
(c) In order to receive a reciprocal preference under this section, the bidder shall certify on the bid that the procurement items offered are produced, manufactured, mined, grown, or performed in Utah.
(d) The reciprocal preference is waived if the certification described in Subsection (1)(c) does not appear on the bid.
(2)(a) If the responsible bidder submitting the lowest responsive bid offers procurement items that are produced, manufactured, mined, grown, or performed in a state that gives or requires a preference, and if another responsible bidder has submitted a responsive bid offering procurement items that are produced, manufactured, mined, grown, or performed in Utah, and with the benefit of the reciprocal preference, the bid of the other bidder is equal to or less than the original lowest bid, the issuing procurement unit shall:
(i) give notice to the bidder offering procurement items that are produced, manufactured, mined, grown, or performed in Utah that the bidder qualifies as a preferred bidder; and
(ii) make the purchase from the preferred bidder if the bidder agrees, in writing, to meet the low bid within 72 hours after notification that the bidder is a preferred bidder.
(b) The issuing procurement unit shall include the exact price submitted by the lowest bidder in the notice the issuing procurement unit submits to the preferred bidder.
(c) The issuing procurement unit may not enter into a contract with any other bidder for the purchase until 72 hours have elapsed after notification to the preferred bidder.
(4) The provisions of this section do not apply if application of this section might jeopardize the receipt of federal funds.
§ 63G-6a- 1003 . Preference for resident contractors
(1) As used in this section, "resident contractor" means a person, partnership, corporation, or other business entity that:
(a) either has its principal place of business in Utah or that employs workers who are residents of this state when available; and
(b) was transacting business on the date when bids for the public contract were first solicited.
(2)(a) When awarding contracts for construction, an issuing procurement unit shall grant a resident contractor a reciprocal preference over a nonresident contractor from any state that gives or requires a preference to contractors from that state.
(b) The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident contractor.
(3)(a) In order to receive the reciprocal preference under this section, the bidder shall certify on the bid that the bidder qualifies as a resident contractor.
(b) The reciprocal preference is waived if the certification described in Subsection (2)(a) does not appear on the bid.
(4)(a) If the responsible contractor submitting the lowest responsive bid is not a resident contractor whose principal place of business is in a state that gives or requires a preference to contractors from that state, and if a resident responsible contractor has also submitted a responsive bid, and, with the benefit of the reciprocal preference, the resident contractor's bid is equal to or less than the original lowest bid, the issuing procurement unit shall:
(i) give notice to the resident contractor that the resident contractor qualifies as a preferred resident contractor; and
(ii) issue the contract to the resident contractor if the resident contractor agrees, in writing, to meet the low bid within 72 hours after notification that the resident contractor is a preferred resident contractor.
(b) The issuing procurement unit shall include the exact price submitted by the lowest bidder in the notice that the issuing procurement unit submits to the preferred resident contractor.
(c) The issuing procurement unit may not enter into a contract with any other bidder for the construction until 72 hours have elapsed after notification to the preferred resident contractor.
(6) The provisions of this section do not apply if application of this section might jeopardize the receipt of federal funds.
§ 63G-6a- 1004 . Exception for federally funded contracts
This part does not apply to the extent it conflicts with federal requirements relating to a procurement that involves the expenditure of federal assistance , federal contract funds, or federal financial participation funds.
Government Operations
Title R33 . Government Operations, Purchasing and General Services
R33-6-111. Methods to Resolve Tie Bids.
(1) In accordance with Section 63G-6a-608, in the event of tie bids, and only one of the tie bids was submitted by a Utah resident bidder, the contract shall be awarded to the Utah resident bidder, provided the bidder indicated on the invitation to bid form that it is a Utah resident bidder