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Chapter 7 - Promoting the Commonwealth's Socio-Economic Initiatives

7.3 Preferences

In order to protect the viability of Virginia’s businesses, promote recycling and other important social or economic initiatives or goals, the Virginia General Assembly has enacted statutory preferences for Virginia products with recycled content, for Virginia firms in the case of a tie bid with a non-state firm, for recycled paper and paper products used by state agencies and for local products and firms. There are other statutory preferences outlined in the Code of Virginia; however, they are not directly related to the procurement of IT goods and services. These preferences are to be used by agencies and institutions in solicitations and contract awards, when appropriate. § 2.2-4324(A) of the Code of Virginia provides that in the case of a tie bid between a Virginia supplier and a non-Virginia supplier, preference shall be given to goods or services provided by Virginia persons, firms or corporations. Whenever the lowest bidder is a resident of another state which allows a percentage preference for its state suppliers, a like preference will be allowed to the lowest Virginia- based bidder. If the lowest bidder is a non-Virginia resident and its state allows a price- matching preference, a like preference shall be allowed to Virginia bidders. If the lowest Virginia bidder is unable to match the price, the preference shall be given to other Virginia bidders in ascending price order. If the lowest bidder is based in a state with an absolute preference, that bid will not be allowed. DGS is charged with maintaining a list of states with absolute and percentage preferences. This list is available on eVA.