Miscellaneous Expenditures — State Preferences in…
Texas Bidders

The Statewide Procurement Division (SPD) of the Comptroller’s office and each state agency purchasing goods or services shall give preference to those produced or grown in this state or offered by a Texas bidder as follows:

If the cost to the state and quality are equal:

• Goods or services offered by a Texas bidder owned by a service-disabled veteran who is a Texas resident shall be given first preference.
• Goods produced in this state or services offered by Texas bidders shall be given second preference.
• Agricultural products grown in this state shall be given first preference and agricultural products offered by Texas bidders shall be given second preference.

If goods produced or grown in this state or offered by Texas bidders are not equal in cost and quality to other products, then goods produced or grown in other states of the United States shall be given preference over foreign products, if the cost to the state and quality are equal.

A state agency that contracts for services must require the contractor, in performing the contract, to purchase products and materials produced in this state when available at a price and time comparable to products and materials produced outside this state.

Definitions:

Service-disabled veteran

A person who is a veteran as defined by 38 U.S.C. Section 101(2), and who has a service-connected disability as defined by 38 U.S.C. Section 101(16). Govt Code 2155 (c)(1-a)

Texas bidder

A business:

• Incorporated in this state.
• That has its principal place of business in this state.
• That has an established physical presence in this state. Govt Code 2155.444 (c)(2)

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