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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SENATE BILL 1344 |
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AN ACT
Amending title 41, chapter 23, article 1, Arizona Revised Statutes, by adding section 41‑2505; relating to the Arizona 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 resident 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 unless the nonresident bidder meets either of the following:
1. Has committed to relocate at least two hundred jobs to this state to fulfill the terms of a contract or enters into a contract where at least seventy-five per cent of the contract work will be completed in this state.
2. Has received grants or incentives from the Arizona commerce authority to increase employment within this state or relocate employees to this state within the last year.
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 resident bidder" means a bidder who satisfies all of the following:
(a) Is authorized to transact business in this state.
(b) Has paid all assessed taxes.
(c) Maintains its headquarters in this state for at least twelve consecutive months before submitting a bid, except the requirement for maintaining headquarters in this state does not apply if the bidder employs five hundred or more full-time residents of this state who are provided health care benefits through their employer.
2. "Headquarters" means a principle central administrative office where primary headquarters-related functions and services are performed, including financial, personnel, administrative, legal, planning and similar business functions.