Billions of dollars are spent every year by state and local
governments to build and repair schools, libraries, prisons,
government buildings and other public projects. Virtually every
roofing contractor knows a public contract is supposed to be
awarded to the lowest responsive and responsible bidder; however,
less widely known are the ways many states undercut this standard
by attempting to favor certain bidders.
Although some of this favoritism is achieved through unofficial
policy, the more prejudicial policies—those that conflict to
the greatest extent with the "lowest responsive and responsible
bidder" standard—have been enacted into law. Throughout the
years, many states and local jurisdictions have passed or attempted
to pass laws favoring residents in the award of public
By understanding how the states in which you conduct business
favor certain contractors, you can take advantage of the
preferences offered, make informed decisions about which projects
you should pursue, and more accurately assess your chances of
successfully pursuing or defending a bid protest.
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