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Mississippi Resident Bidder Preference

Revised March 2, 2015

Mississippi Code, §31-3-21. Preference is given in public contracts to resident contractors (includes nonresident persons, firms, or corporations and their subsidiaries and affiliates that have been qualified to do business in Mississippi and have maintained a permanent full-time office in Mississippi for two years prior to January 1, 1986).

Mississippi Code, §31-5-17. Every public officer, contractor, superintendent, or agent in construction of state or public buildings or any public works must employ only workmen and laborers who have resided in Mississippi for two years preceding such employment.

Mississippi Code, §31-5-19. Any out-of-state person(s), firm, or corporation that obtains a contract for public buildings or public works must comply with the provisions of §31-5-17 upon undertaking the contract or work.

Mississippi Code, §31-5-23. In public works, only materials grown, produced, prepared, made, and/or manufactured in Mississippi should be used. Preference is not given to such materials when other materials of like quality produced out-of-state may be purchased at less cost or when materials of better quality produced out-of-state may be purchased at a reasonable cost.

Mississippi Code, §31-7-15. When two or more competitive bids are received, one or more of which relates to commodities grown, processed or manufactured in Mississippi, and price, quality, and service are equal, the commodities grown, processed or manufactured in Mississippi are given preference. Additionally, where both price and quality are the same, regardless of where the product is manufactured, a foreign manufacturing company with a factory in Mississippi and more than 50 employees working in Mississippi has preference over any other foreign company.

Mississippi Code, §31-7-18. Local governing authorities are given authorization to accept the lowest bid received from a motor vehicle dealer domiciled within county of the governing authority for motor vehicles with a gross weight rating less than 26,000 pounds and a price not greater than 3.0% over the price or cost the dealer pays the manufacturer. If a county does not have an authorized motor vehicle dealer, the governing authority may so accept such bids from motor vehicle dealers in an adjoining county.

Mississippi Code, §31-7-47. In public contracts, preference is given to resident contractors.

Mississippi Code, §19-13-111. Where bids equal in all respects between resident and nonresident bidders, county boards of supervisors shall give preference to citizens of Mississippi.

MISSISSIPPI RECIPROCAL PREFERENCE

Mississippi Code Ann., §73-13-45. In awarding public works contracts for professional engineering services, preference is given to resident professional engineers over nonresident professional engineers domiciled in a state with laws granting preference to in-state bidders only on the same basis as the nonresident bidder's state awards contracts to Mississippi professional engineers. Resident professional engineers domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident professional engineer. In this section, "resident professional engineer" includes nonresident persons, firms, or corporations and their subsidiaries and affiliates that have been qualified to do business in Mississippi and have maintained a permanent full-time office in Mississippi for two years prior to submitting a proposal.

Mississippi Code, §31-3-21. In public contracts, nonresident bidders domiciled in a state with laws giving preference to local contractors are awarded Mississippi public contracts only on the same basis as the nonresident bidder's state awards contracts to Mississippi contractors. Resident contractors domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state of domicile of the nonresident contractor.

Mississippi Code, §31-7-47. In public contracts, nonresident bidders domiciled in a state, city, county, parish, province, nation, or political subdivision with laws giving preference to local contractors are awarded Mississippi public contracts only on the same basis as the nonresident bidder's state, city, county, parish, province, nation, or political subdivision awards contracts to Mississippi contractors. Resident contractors domiciled in Mississippi are given preference over nonresidents in the same manner and to the same extent as provided by the laws of the state, city, county, parish, province, nation, or political subdivision of domicile of the nonresident contractor.