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2013 SESSION
13101532DBe it enacted by the General Assembly of Virginia:
1. That § 2.2-4324 of the Code of Virginia is amended and reenacted as follows:
§ 2.2-4324. Preference for Virginia products with recycled content and for Virginia firms.
A. In the case of a tie bid, preference shall be given to
goods produced in Virginia, and goods or services or
construction provided by Virginia persons, firms or corporations; otherwise the
tie shall be decided by lot.
B. Whenever the lowest responsive and responsible bidder is a
resident of any other state and such state under its laws allows a resident
contractor of that state a percentage preference, a like preference shall be
allowed to the lowest responsive and responsible bidder who is a resident of
Virginia and is the next lowest bidder. If
C. Whenever the lowest responsive and responsible bidder is a resident of
any other state and such state under its laws
allows a resident contractor of that state a price-matching preference, a like
preference shall be allowed to responsive and responsible bidders who are
residents of Virginia a bidder who
is a resident of Virginia has competed for the same contract, the Virginia
bidder shall be given the opportunity to match the lowest bid, provided the
Virginia bidder's bid is within five percent of the lowest bid. Such Virginia
bidder shall have two business days in which to communicate his ability to
match the lowest bid.
If there are multiple Virginia bidders that are within five percent of the lowest bid, the Virginia bidders shall be rank ordered based on their bids' closeness to the lowest bid. The opportunity to submit a matching bid shall be first given to the Virginia bidder whose bid is closest to the lowest bid. If the lowest bid is matched by the Virginia bidder ranked first, the award shall be made to that Virginia bidder. Otherwise, the opportunity to submit a matching bid shall be given to the Virginia bidder ranked second, and so on until a determination of whether the lowest bid can be matched is made.
D. If the lowest bidder is a resident contractor of a state with an absolute preference, the bid shall not be considered. The Department of General Services shall post and maintain an updated list on its website of all states with an absolute preference for their resident contractors and those states that allow their resident contractors a percentage preference, including the respective percentage amounts. For purposes of compliance with this section, all public bodies may rely upon the accuracy of the information posted on this website.
C. E. Notwithstanding
the provisions of subsections A and B this section, in the case of a
tie bid in instances where goods are being offered, and existing price
preferences have already been taken into account, preference shall be given to
the bidder whose goods contain the greatest amount of recycled content.
D. F. For
the purposes of this section, a Virginia person, firm or corporation shall be
deemed to be a resident of Virginia if such person, firm or corporation has
been organized pursuant to Virginia law or maintains a principal place of
business within Virginia.