Bid preference law of a non-resident bidder's state.
Q May a public entity accept a letter reciting the current bid preference law of a non-resident bidder’s state in lieu of a copy of the bid preference law itself?
A The failure of a non-resident bidder to submit a copy of his applicable bid preference law prior to the time of award should result in a rejection of his bid. The preference created by Section 31-3-21(3) is triggered, for the benefit of a resident bidder, when the public entity is considering two apparent low bidders that are “equal or substantially equal” and involves the submission of at least one bid from a non-resident contractor. (Attorney General’s Opinion to Dulaney dated June 26, 2009)