enter into a contract with any other bidder for the purchase until 72 hours have elapsed after notice to the preferred bidder. If there is more than one preferred bidder, the District shall award the contract to the willing preferred bidder who was the lowest preferred bidder originally. If there were two or more equally low preferred bidders, the District shall comply with the rules of the Procurement Policy Board to determine which bidder should be awarded the contract. This section does not apply if application of the section might jeopardize the receipt of federal funds. Utah Code § 63G-6a-1002 (2017) If there are more than one equally low preferred low bids, then those preferred bids shall be treated as tie bids and resolved according to the procedure in Section 1.1011. Utah Admin. Rules R33-10-101(2) (July 8, 2014) Preference for Utah contractors A “resident contractor” is a person, partnership, corporation, or other business entity that either has its principal place of business in Utah or that employs workers who are residents of this state when available; and also was transacting business on the date when bids for the public contract were first solicited. When awarding contracts for construction, the District 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. The amount of the reciprocal preference shall be equal to the amount of the preference applied by the nonresident contractor’s state. To receive the reciprocal preference under this section, the bidder shall certify on the bid that the bidder qualifies as a resident contractor. Without that certification on the bid, the reciprocal preference is waived. If the contractor submitting the lowest responsive and responsible bid is a nonresident contractor and has a principal place of business in a state giving or requiring a preference to contractors from that state, and if a resident contractor has also submitted a responsive and responsible 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 District shall notify the resident contractor that the resident contractor qualifies as a preferred resident contractor and issue the contract to the resident contractor if that contractor agrees, in writing, to meet the low bid within 72 hours after notice of preferred resident contractor status. The District notice shall include the exact price submitted by the lowest bidder. The District may not enter into a contract with any other bidder for the construction until 72 hours have elapsed after notice to the preferred resident contractor. If there is more than one preferred resident contractor, the District shall award the contract to the willing preferred resident contractor who was the lowest preferred resident contractor originally. If there were two or more equally low preferred resident contractors, the District shall comply with the rules of the Procurement Policy Board to determine which bidder should be awarded the contract. This section does not apply if application of the section might jeopardize the receipt of federal funds. Utah Code § 63G-6a-1003 (2017) If there are more than one equally low preferred resident contractor, then those preferred resident contractors shall be treated as submitting tie bids and that tie resolved according to the procedure in Section 1.1011. Utah Admin. Rules R33-10-102(2) (July 8, 2014) Federal requirements exception to preferences
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