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REFERENCE TITLE: procurement; Arizona bidder; preference |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2603 |
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Introduced by Representatives Campbell, Gallego, Meyer, Wheeler: Cardenas, Dalessandro, Gabaldón, Larkin, McCune Davis, Quezada, Sherwood
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AN ACT
amending title 41, chapter 23, article 1, Arizona Revised Statutes, by adding section 41‑2505; relating to the procurement code.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 23, article 1, Arizona Revised Statutes, is amended by adding section 41-2505, to read:
41-2505. Preference for Arizona bidders for identical bids; reciprocal preference; definitions
A. For contracts awarded pursuant to section 41-2533, subsection G, an Arizona bidder shall be given preference over a nonresident bidder if there are two or more low, responsive offers from responsible bidders that are identical in price.
B. A purchasing agency shall add a per cent increase to the bid of a nonresident bidder equal to the per cent, if any, of the preference given to the bidder in the state in which the bidder resides. On or before January 1 of each year, the department shall publish a list of states that give preference to in-state bidders with the per cent increase applied in each state. A purchasing agency may rely on the names of states and percentages so published in determining the lowest responsible bidder without incurring any liability to any bidder.
C. For the purposes of this section:
1. "Arizona bidder" means A bidder who satisfies all of the following:
(a) Is authorized to transact business in this state.
(b) Maintains its headquarters in this state for not less than twelve consecutive months before submitting a bid.
(c) Has paid all assessed taxes.
2. "Headquarters" means a principal central administrative office where primary headquarters related functions and services are performed, including financial, personnel, administrative, legal, planning and similar business functions.