                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2027) PREFERENCE FOR VIRGINIA PRODUCTS WITH RECYCLED CONTENT
AND FOR VIRGINIA FIRMS (§ 2.2-4324)

A. In the case of a tie bid, preference shall be given to goods produced in
Virginia, 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 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. 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. Notwithstanding the provisions of subsections A and B, 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. 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.

HISTORY: 1982, c. 647, § 11-47; 1993, c. 109; 2001, cc. 323, 844; 2005, c. 894;
2011, c. 343.