Texas Attorney General Opinion: JM-712 Page: 2 of 7
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Mr. R. E. Stotzer, Jr. - Page 2 (JM-712)
Preference of Arkansas firms over non-resident
firms in purchases under competitive bids. All
public agencies shall, in the purchase of commo-
dities by competitive bidding, accept the lowest
qualified bid from a firm resident in Arkansas,
provided that said bid does not exceed the lowest
qualified bid from a non-resident firm by more
than five percent (5%), and provided that one or
more firms resident in Arkansas made written claim
for a preference at the time the bids were sub-
mitted. In calculating the preference to be
allowed, the appropriate purchasing officials
pursuant to Act 482 of 1979 shall take the amount
of each bid of the Arkansas dealers who claimed
the preference and deduct five percent (5%) from
its total. If after making such deduction, the
bid of any Arkansas bidder claiming the preference
is lower than the bid of the non-resident firm,
then the award shall be made to the Arkansas firm
which submitted the lowest bid regardless of
whether that particular Arkansas firm claimed the
preference.
The preference provided herein shall be
applicable only in comparing bids where one or
more bids are by a firm resident in Arkansas and
the other bid or bids are by a non-resident firm,
and shall' have no application with respect to
competing bids if both bidders are firms resident
in Arkansas as defined herein. .... (Emphasis
added).
Ark. Stat. Ann. 114-293(b)(1979). The term "commodities" is defined
as "supplies, goods, material and equipment of every kind and
character." id. 14-293(A) (4). Section 14-614.2 establishes a
preference for certain bidders on contracts for the performance of
services or construction of improvements:
Preference for certain bidders. -- In awarding
contracts covered by the provisions of Act 159 of
1949, as amended, by Act 183 of 1957, bids of
contractors who have satisfactorily performed
prior contracts, and who have paid taxes for not
less than two (2) successive years immediately
prior to submitting a bid under The Arkansas
Employment Security Act, and amendments thereto
and either The Arkansas Gross Receipts Act and
amendments thereto or The Arkansas Compensating
Tax Act and amendments thereto, on any property
used or intended to be used for or in constructionor in connection with the contractors construction
p. 3298
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-712, text, May 28, 1987; (https://texashistory.unt.edu/ark:/67531/metapth273150/m1/2/?q=%22%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.