6102.
(a) As used in this section, the following terms have the following meanings:(1) “Principal place of business” means the principal place from which the trade or business of the bidder is directed or managed.
(2) “Resident bidder” means an individual, sole proprietorship, partnership, joint venture, corporation, or other business entity that has paid unemployment taxes or income taxes in California and whose principal place of business is located in California.
(b) (1) When awarding a contract for goods or services, except as provided in Section 6107 in regard to contracts for construction, a state agency shall grant a resident bidder a reciprocal preference as against a nonresident bidder from any state that gives or requires a preference to be given contractors from that state on its contracts.
(2) The amount of the reciprocal preference shall be equal to the amount of the preference applied by the state of the nonresident bidder with the lowest responsive bid.
(3) If the contractor submitting the lowest responsive bid is not a resident bidder and has its principal place of business in any state that gives or requires the giving of a preference on its contracts to contractors from that state, and if a resident bidder has also submitted a responsive bid, and, with the benefit of the reciprocal preference, the resident bidder’s bid is equal to or less than the original lowest responsive bid, the state agency shall award the contract to the resident bidder as its submitted bid price.
(c) (1) The bidder shall certify, under penalty of perjury, that the bidder qualifies as a resident bidder.
(2) A nonresident bidder shall, at the time of bidding, disclose to the awarding agency any and all bid preferences provided to the nonresident bidder by the state or country in which the nonresident bidder has its principal place of business.
(d) The reciprocal preference is waived if the certification described in paragraph (1) of subdivision (c) does not appear on the bid.
(e) This section does not apply if its application might jeopardize the receipt of federal funds or the nonresident bidder certifies, under penalty of perjury, in its bid that its state of residency does not give a preference for contractors from that state in the award of its contracts.