MADE IN AMERICA

STATE PROCUREMENT PREFERENCES

November 2022

2 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

State preferences

for American-made products or services are dierent than the requirements mandated by the

recently amended Buy American Act,

which applies to all U.S. federal government agencies, and the Buy

America Act,

which usually applies to state and local procurement for mass-transit projects and is regulated

by the Federal Transit Administration.

An in-state (local) preference is an advantage given to bidders/ proposers in response to a solicitation for products or services which may be granted

based on pre-established criteria. The criteria can include any one or more of the following: (1) supplier’s geographic location; (2) Residency require-

ments; and/or (3) Origination of the product or service. For additional information, see NASPO. “In-State Procurement Preferences,” 2020. https://

www.naspo.org/wp-content/uploads/2012/08/Final_2020_StatePref_Paper_8.5X11C-1.pdf.

“The Federal Register.” Federal Register :: Request Access. Accessed November 23, 2022. https://www.federalregister.gov/

documents/2022/03/07/2022-04173/federal-acquisition-regulation-amendments-to-the-far-buy-american-act-requirements.

“Buy America.” Buy America | FTA. Accessed November 23, 2022. https://www.transit.dot.gov/buyamerica.

“State Preference Repository.” NASPO. Accessed November 23, 2022. https://www.naspo.org/research-innovation/state-preference-repository/.

NASPO. “In-State Procurement Preferences,” 2020. https://www.naspo.org/wp-content/uploads/2012/08/Final_2020_StatePref_Paper_8.5X11C-1.

pdf.

The map below shows which states have a statutory preference for American-made products or services within

their procurement process. How the preference is reected in the solicitation and evaluation process varies, such

as a preference being given to domestic-made products in the event of a tie during the evaluation process. Addi-

tionally, the map and table only reect state preferences for American-made materials, rather than an in-state

preference for goods or services, such as Idaho’s preference for Idaho-made products in the event of a tie bid.

For more information on state preferences, consult NASPO’s State Preference Repository

and NASPO’s

2020 publication, In-State Procurement Preferences.

FEDERAL MANDATES

BUY AMERICAN ACT

• Applies to federal government pro-

curements over $10,000 USD

• Waivers can be used based on cost,

availability, and public interest

Appendix A.

BUY AMERICA ACT

• Applies to state and local govern-

ments procurements for mass-tran-

sit projects

• Waivers may be granted on a proj-

ect-by-project basis

MADE IN AMERICA: STATE PROCUREMENT PREFERENCES

AMERICA MADE PREFERENCE

General Product or Service

Specic Product for Service

*Data compiled on November 22, 2022, and the map and table only reect state preferences for

American-made materials, rather than an in-state preference for goods or services

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STATE KEY TERM CONTEXT STATUTORY LANGUAGE

Idaho

Illinois

Iowa

Missouri

Montana

Ohio

Texas

Wisconsin

Domestic

Production

North

American-made

Domestic

Product

American-made prod-

ucts; American-based

businesses

American-Made

Buy American

American-Made

Materials

Tie Bid

Preference

Automobiles

Product

Preference

Tie Bid

Preference

10% Preference

Tie Preference

Up to 5%

Preference

Eyewear

Tied Bid

Preference

Appendix A.

Appendix B.

Appendix C.

Appendix D.

Appendix E.

Appendix F.

Appendix G.

Appendix H.

Appendix I.

AMERICAN-MADE STATE PREFERENCE, 2022

This resource is provided by NASPO and is for informational purposes only. While NASPO has worked to ensure the validity of the information

provided, one should not rely solely on the information contained in this document; and NASPO does not endorse nor guarantee the accuracy of the in-

formation provided in this database. Ocial records, codes, etc. are maintained by the procurement oce of the state in question, and NASPO encourages

a review of the ocial copy of a state’s legislative material for the most current and accurate information.

4 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX

CONTENTS:

Appendix A. Idaho

Appendix B. Illinois

Appendix C. Illinois

Appendix D. Iowa

Appendix E. Missouri

Appendix F. Montana

Appendix G. Ohio

Appendix H. Texas

Appendix I. Wisconsin

5 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX A.

IDAHO

Citation:

IDAPA 38.05.01.082

TIE RESPONSES (Chapter 01. Rules of the Division of Purchasing; Subchapter A. Rules Governing Purchasing)

Statutory Language:

01. Tie Responses -- Denition. Tie responses are low responsive bids, proposals or quotes from responsible

bidders or oerors (or for requests for quotes, from vendors submitting a quote) that are identical in price

or score. Responsibility is determined based upon the standards of responsibility set forth in Section 081 of

these rules. (3-31-22)

02. Award. Award shall not be made by drawing lots, except as set forth below, or by dividing business among

tie responses. In the discretion of the buyer, award shall be made in any permissible manner that will resolve

tie responses. Procedures that may be used to resolve tie responses include: (3-31-22)

a. If price is considered excessive or for another reason such responses are unsatisfactory, reject all

responses, resolicit and seek a more favorable contract in the open market or enter into negotiations

pursuant to Section 084 of these rules; (3-31-22)

b. Award to an Idaho resident or an Idaho domiciled vendor or for Idaho produced property where other

tie response(s) are from out of state or to a vendor submitting a domestic property where other tie

responses are for foreign (external to Idaho) manufactured or supplied property; (3-31-22)

c. Where identical low responses include the cost of delivery, award the contract to the vendor located (or

shipping from a point) farthest from the point of delivery; (3-31-22)

d. Award to the vendor with the earliest delivery date. (3-31-22)

03. Drawing Lots. If no permissible method will be eective in resolving tie responses and a written

determination is made so stating, award may be made by drawing lots or tossing a coin in the presence of

witnesses if there are only two (2) tie responses. (3-31-22)

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APPENDIX B.

ILLINOIS

Automobiles

Citation:

44 Ill. Adm. Code 1400.4540 (Title 44. Government Contracts, Grantmaking, Procurement and Property Man-

agement Subtitle B. Supplemental Procurement Rules Chapter XXI. Treasurer)

Statutory Language:

a) Specication

Contracts for the purchase or lease of new passenger automobiles, other than station wagons, vans

and four-wheel drive vehicles, shall specify the procurement of a model that, according to the most

current mileage study published by the U.S. Environmental Protection Agency, can achieve at least the

minimum average fuel economy in miles per gallon imposed upon manufacturers of vehicles under

Title V of the Motor Vehicle Information and Cost Savings Act (15 USC 46). [35 ILCS 500/45-40(a)]

Further, all vehicles purchased must be exible fuel, fuel ecient hybrid vehicles using electricity and

gasohol (hybrids or plug-in hybrids) or fueled by electricity. For purposes of this Section, “exible fuel

vehicles” are automobiles or light trucks that operate on either gasoline or E-85 (85% ethanol, 15%

gasoline) fuel and “fuel ecient hybrid vehicles” are automobiles or light trucks that use a gasoline

or diesel engine and an electric motor to provide power and gain at least a 20% increase in combined

USEPA city-highway fuel economy over the equivalent or most-similar conventionally-powered mod-

el. [35 ILCS 500/25-75]

b) North American-made Vehicles. All vehicles purchased by the Treasurer’s oce shall have a Vehicle

Identication Number that begins with the number one, the number 2, the number 4, or the number 5.

c) Exemptions

The Chief Procurement Ocer may determine that certain vehicle procurements are exempt from this

Section based on intended use or other reasonable considerations such as health and safety of Illinois

citizens. [35 ILCS 500/25-75(c)] Nothing in this Section shall require the Treasurer’s oce to stop

using any vehicle that exists in the State eet of motor vehicles.

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APPENDIX C.

ILLINOIS

Domestic Product Preference

Citation:

(30 ILCS 517/) Procurement of Domestic Products Act.

Statutory Language:

Sec. 10. Domestic products.

(a) Each purchasing agency making purchases of procured products shall promote the purchase of and

give preference to manufactured articles, materials, and supplies that have been manufactured

in the United States. Procured products manufactured in the United States shall be specied and

purchased unless the purchasing agency determines that any of the following applies:

(1) The procured products are not manufactured in the

United States in reasonably available quantities.

(2) The price of the procured products manufactured

in the United States exceeds the price of available and comparable procured products manufactured

outside of the United States by 12% or more.

(3) The quality of the procured products manufactured

in the United States is substantially less than the quality of the comparably priced, available, and com-

parable procured products manufactured outside of the United States.

(4) The purchase of the procured products

manufactured outside of the United States better serves the public interest by helping to protect or save

life, property, or the environment.

(5) The purchase of the procured products is made in

conjunction with contracts or oerings of telecommunications, re suppression, security systems,

communications services, Internet services, or information services.

(6) The purchase is of pharmaceutical products,

drugs, biologics, vaccines, medical devices used to provide medical and health care or treat disease or

used in medical or research diagnostic tests, and medical nutritionals regulated by the Food and Drug

Administration under the federal Food, Drug and Cosmetic Act.

(7) The purchase is an emergency purchase authorized

under Section 20-30 of the Illinois Procurement Code.

(8) The purchase is a sole source or sole

8 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

economically feasible source purchase authorized under Section 20-25 of the Illinois Procurement

Code.

(b) If there is a tie between 2 bidders or oerors who have certied that they will provide products

manufactured in the United States, the bidder or oeror that certies it will provide products

manufactured in Illinois shall be given preference.

shall be given to the life-cycle cost, including maintenance and repair of those procured

products.

(Source: P.A. 102-721, e. 1-1-23.)

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APPENDIX D.

IOWA

Citation:

Iowa Admin. Code 11-117.6(8A) ( Chapter 117. Procurement of Goods and Services of General Use)

Statutory Language:

117.6(1) Preference to Iowa products and services.

a. All requests for proposals for materials, products, supplies, provisions and other needed articles and

services to be purchased at public expense shall not knowingly be written in such a way as to exclude an

Iowa-based company capable of lling the needs of the purchasing entity from submitting a responsive

proposal.

b. The department and state agencies shall make every eort to support Iowa products when making

a purchase. Tied responses to solicitations, regardless of the type of solicitation, shall be decided in fa-

vor of the Iowa products. Tied bids between Iowa products shall be decided in accordance with subrule

117.13(4).

117.6(2) Preference to Iowa-based businesses. The department and state agencies shall make every eort

to support Iowa-based businesses when making a purchase. Tied responses to solicitations, regardless of the type

of solicitation, shall be decided in favor of the Iowa-based business. Tied bids between Iowa-based businesses

shall be decided in accordance with subrule 117.13(4).

117.6(3) American-made products. The department and agencies shall make every eort to support Ameri-

can-made products when making a purchase. Tied responses to solicitations, regardless of the type of solicita-

tion, shall be decided in favor of the American-made product. Tied bids between American-made products shall

be decided in accordance with subrule 117.13(4).

117.6(4) American-based businesses. The department and agencies shall make every eort to support Ameri-

can-based businesses when making a purchase. Tied responses to solicitations, regardless of the type of solici-

tation, shall be decided in favor of the American-based business. Tied bids between American-based businesses

shall be decided in accordance with subrule 117.13(4).

117.6(5) Recycled product and content. The department and agencies shall make every eort to protect Iowa’s

environment in the procurement of goods. Recycled goods and goods that include recycled content shall be ac-

quired when those goods are available and comparable in quality, performance, and price and there are not other

mitigating factors. As required by Executive Order Number 56, the department and agencies shall whenever

possible procure durable items that are readily recyclable when discarded, have minimal packaging, and are less

toxic.

117.6(6) Products made by persons with disabilities. The department and agencies shall make every eort to pro-

cure those products for sale by sheltered workshops, work activity centers, and other special programs funded in

whole or in part by public moneys that employ persons with mental retardation, other developmental disabili-

ties, or mental illness if the products meet the required specications.

117.6(7) Targeted small businesses. The department and agencies may buy from a targeted small business if a

targeted small business is able to provide the good or service, pursuant to Iowa Code section 73.20.

10 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX E.

MISSOURI

Citation:

1 Mo. Code of State Regulations 40-1.050 Procedures for Solicitation, Receipt of Bids, and Award and Adminis-

tration of Contracts (Title 1. Oce of Administration SuperBrowse Division 40. Purchasing and Materials Man-

agement, Chapter 1. Procurement)

Statutory Language:

(F) In accordance with section 34.353, RSMo, for bids/proposals with a value of twenty-ve thousand dollars

($25,000) or more, bidders/oerors who can certify that goods or commodities to be provided in accordance

with the contract are manufactured or produced in the United States or imported in accordance with a quali-

fying treaty, law, agreement, or regulation are entitled to a ten percent (10%) preference as stated below over a

bidder/oeror whose products do not qualify. Failure to provide a certication may result in forfeiture of any

preference. All solicitation responses for the purchase of goods or commodities, except software, with an estimat-

ed value of twenty-ve thousand dollars ($25,000) or more must include proof of compliance requirements as

stated in the solicitation document. If the division has any questions regarding either the information submitted

on the form or the lack of a submitted form by a bidder/oeror, the division may contact the bidder/oeror for

clarication before completing the cost evaluation if under consideration for award. If the division determines

that an American-made product is competing against a foreign-made product, the division will multiply the cost

of the foreign-made product by ten percent (10%) and add this amount to the actual cost of the bid/proposal to

reect the Buy American preference in the cost evaluation. The division will consider any applicable exceptions,

including those set by statute or executive order, to the Buy American preference before awarding any contract;

11 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX F.

MONTANA

Citation:

Mont.Admin.R. 2.5.601

ARM 2.5.601 Competitive Sealed Bids

Statutory Language:

(12) In the case of a tie bid, the discretion of the division or the head of a purchasing agency will be used to resolve

such bids, except that a bidder oering American-made products or supplies must be given preference.

12 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX G.

OHIO

Citation:

OAC 123:5-1-06

123:5-1-06 Ohio preferences

Statutory Language:

(A) Bidders and oerors may claim preferences in a procurement solicitation response for any or all of the fol-

lowing: oering domestic source end products; qualication as a buy Ohio supplier; or qualication as a veter-

an-friendly business enterprise, all as described in this rule.

Information furnished in the solicitation response by the bidder or oeror shall be relied upon in making the

determination about whether a preference applies, but the state may verify such information if necessary. Any

bidder or oeror who intentionally submits false or misleading information to receive a preference will be imme-

diately disqualied and may be subject to administrative or legal action.

Preferences shall be applied except in those circumstances where the director of the department of administra-

tive services or the director’s designee determines compliance would not be in the best interest of the state or

when otherwise prohibited.

(1) Buy American preference. Bidder and oeror responses will be evaluated to determine whether a

response includes a domestic source end product for the buy American preference.

(2) Buy Ohio preference. Bidder and oeror responses will be evaluated to give preference to all bids and

oers received from a buy Ohio supplier for products raised, grown, produced, mined or manufac-

tured in Ohio or a border state or for products and services oered by a supplier demonstrating signif-

icant economic presence in Ohio or a border state.

(3) Veteran-friendly business enterprise preference. Bidder and oeror responses will be evaluated to

give preference to all bidders and oerors who are certied veteran-friendly business enterprises. In

order to qualify for this preference, a bidder or oer must have an active veteran-friendly business

enterprise certication at the due date and time of bid or oer.

(B) Procedures for applying preferences

Following the initial evaluation and scoring, all bids and oers will be considered for preferences. Preferences

will be calculated at a rate of ve per cent for the rst preference and two per cent each for the second and third

preferences. The preferences shall be summed and applied as a total percentage for evaluation purposes.

Preferences will only be applied when there is at least one bidder or oeror that does not qualify for that partic-

ular preference. For purposes of qualifying for a particular preference, if a bidder or oeror fails to complete the

certication for each preference, that supplier will be deemed as not qualifying for that preference.

(1) Procedure for applying preferences to bids in response to an invitation to bid or reverse auction:

(a) For the buy American preference, if any bidder oers a product that is not a domestic source

end product, reduce the cost of any other bidder’s domestic source end products oered by the

applicable percentage.

13 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

(b) For the buy Ohio preference, for any qualifying buy Ohio supplier claiming the preference, when

there is at least one other bidder that is not a buy Ohio supplier, deduct the applicable percent-

age from the buy Ohio supplier’s cost.

(a) and (B)(2)(b) of this rule will be applied per line item or only for that particular product.

(d) For the veteran-friendly enterprise preference, if a bidder is a certied veteran-friendly business

enterprise claiming the preference and there are other bidders not claiming the preference, deduct

the applicable percentage from any certied veteran-friendly enterprise bidders’ cost.

(2) Procedure for applying preferences to oers in response to a request for proposals:

(a) For the buy American preference, if any oeror oers a product that is not a domestic source end

product, add the applicable percentage of the total available points to the total score of each of-

feror oering a domestic source end product.

(b) For the buy Ohio preference, if any oeror is a buy Ohio supplier claiming the preference, and

there is at least one other oer that is not a buy Ohio supplier add the applicable percentage of

the total available points to each buy Ohio supplier’s total score.

product(s) oered, an oeror is only eligible to receive the preference if the cost of the pro-

duct(s) oered exceeds fty per cent of the total oered cost for products and services. A buy

Ohio supplier is eligible to receive the buy Ohio preference solely based on its signicant eco-

nomic presence in Ohio or a border state regardless of the origin of any product oered.

(d) For the veteran-friendly enterprise preference, if any oeror is a certied veteran-friendly

business enterprise claiming the preference and there is an oeror who is not claiming the pref-

erence, add the applicable percentage of the total available points to any certied veteran-friend-

ly enterprise oeror’s total score.

(3) After application of the preferences in this rule, the director or the director’s designee shall consider

for award the lowest bid or highest scoring oer as adjusted by the preferences. If the director of

the department of administrative services or the director’s designee determines that selection of the

lowest bidder or the highest scoring oeror as adjusted by the preferences would not be in the best in-

terests of the state, the director or the director’s designee shall propose a contract award to the lowest

responsible and responsive bid or to the oeror with the most advantageous oer.

The nal contract award shall be made following further evaluation and award under rules 123:5-1-07 and 123:5-

1-08 of the Administrative Code.

This system of preferences as outlined in this rule may be used voluntarily by counties, townships, and munici-

palities for purchasing contracts.

14 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX H.

TEXAS

Citation:

1 TAC § 354.1017 (Subchapter A. Purchased Health Services

Super; Division 2. Medicaid Vision Care Program) TX Admin Code

Statutory Language:

The provider must ensure that eyewear meets the following specications.

(1) Lenses must meet federal and state specications and all standards of the American standard

prescription requirements for rst quality lenses and dress eyewear.

(2) Standard frame sizes are dispensed at no cost to the eligible recipient.

(3) An eyeglass supplier must show each eligible recipient a minimum selection of frame styles and

colors as required by the Texas Health and Human Services Commission policy.

(4) Frames are only those manufactured in the United States of America, unless foreign-made frames are

comparable in quality to and less expensive than American made-frames. Lenses are only those manu-

factured in the United States of America, unless foreign-made lenses are comparable in quality to and

less expensive than American-made lenses.

(5) Frames are serviceable and meet prescription quality standards.

(6) Lenses and frame materials are new.

(7) Supplies are at least equivalent in quality to program eyewear provided under this division at no cost

to the eligible recipients.

(8) All repair materials billed to Texas Medicaid must be new and at least equivalent to the original item

and meet the specications for prosthetic eyewear cited in these provisions.

15 | MADE IN AMERICA STATE PROCUREMENT PREFERENCES

APPENDIX I.

WISCONSIN

Citation:

Wis. Adm. Code § Adm 7.07 (Chapter Adm 7. Solicitation of Bids and Proposals)

Statutory Language:

(1) Requirements. Pursuant to s. 16.754 (2), Stats., when all other factors are substantially equal, the state

shall purchase materials which are manufactured to the greatest extent in the United States. The

state policy on the purchase of American-made materials shall be included in the requests for bids

or requests for proposals. Manufactured in the United States means that materials are manufactured

in whole or in substantial part within the United States, or that the majority of the component parts

thereof were manufactured in whole or in substantial part in the United States.

(2) Application. To insure that preference in purchasing is given to American-made products:

(a) Specications shall be as broadly written as possible so as not to exclude American-made

materials from consideration; and

(b) Requests for bids or requests for proposals shall indicate that the state will give preference to

American-made materials only when the bids are tied or the proposal scores are equal.