GSPUR-89 Reciprocal_Limitations_Act_Reqirements.docx
DOCX document 37 KB Posted
- Attached to
- Tactical Headsets and Controllers
- Solicitation number
- 6100065859
- Issued by
- Centre County, Dauphin County, Terre Hill Borough, Pennsylvania
About this file
This is a Reciprocal Limitations Act Requirements document issued by the Pennsylvania Department of General Services, applicable to the procurement of Tactical Headsets and Control Units by the Pennsylvania Office of Attorney General for Centre County, Dauphin County, and Terre Hill Borough. The document establishes mandatory preference requirements for bids exceeding $10,000 and requires all bidders to disclose the state or country of manufacture for each item supplied. Bids must be submitted by May 5, 2026, and bidders must complete and return the specified sections of the document with their bid submissions or within two business days of notification from the issuing office. Failure to provide the required state of manufacture information within the specified timeframe will result in bid rejection.
The Reciprocal Limitations Act requires Pennsylvania to grant preference to bidders offering supplies produced, manufactured, mined, or grown in Pennsylvania when competing against bidders from states that grant similar preferences to their own suppliers. The document details specific preference percentages applied by thirteen states for supplies and six states for printing services, ranging from 3 percent to 15 percent depending on the state and product category. Pennsylvania also grants preference to resident bidders from nine states that offer comparable resident preferences, with percentages ranging from 1 percent to 10 percent. Additionally, the Commonwealth prohibits procurement of certain items from specified states including forest products from Georgia, coal from Indiana, printing from Michigan, and construction materials from New Mexico. Bidders must disclose their residency status and provide documentation of their Pennsylvania business establishment, including corporate registration status, fictitious name filings, or partnership formation details as applicable.
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Other files
| File | Type | Posted |
|---|---|---|
| Tactical Headsets Additional Accessories - Final.docx | DOCX document | |
| Commonwealth Terms and Conditions.pdf | ||
| Tactical Headset - SOW - Final.docx | DOCX document |
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Text version
Department of General Services GSPUR-89 Rev. 11/06/12
RECIPROCAL LIMITATIONS ACT
REQUIREMENTS
Please Complete Applicable Portion of Pages 3 & 4 and Return with Bid.
NOTE: These Requirements Do Not Apply To Bids Under $10,000.00
I. REQUIREMENTS
A. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering supplies produced, manufactured, mined or grown in Pennsylvania as against those bidders offering supplies produced, manufactured, mined or grown in any state that gives or requires a preference to supplies produced, manufactured, mined or grown in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular supply.
The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state supplies and the amount of the preference:
| STATE | PREFERENCE | ||
| 1. | Alaska | 7% | (applies only to timber, lumber, and manufactured lumber products originating in the state) |
| 2. | Arizona | 5% | (construction materials produced or manufactured in the state only) |
| 3. | Hawaii | 10% | |
| 4. | Illinois | 10% | for coal only |
| 5. | Iowa | 5% | for coal only |
| 6. | Louisiana | 4% | meat and meat products |
| 4% | catfish | ||
| 10% | milk & dairy products | ||
| 10% | steel rolled in Louisiana | ||
| 7% | all other products | ||
| 7. | Montana | 5% | for residents * |
| 3% | for non-residents* | ||
| *offering in-state goods, supplies, equipment and materials | |||
| 8. | New Mexico | 5% | |
| 9. | New York | 3% | for purchase of food only |
| 10. | Oklahoma | 5% | |
| 11. | Virginia | 4% | for coal only |
| 12. | Washington | 5% | (fuels mined or produced in the state only) |
| 13. | Wyoming | 5% |
B. The Reciprocal Limitations Act requires the Commonwealth to give preference to those bidders offering printing performed in Pennsylvania as against those bidders offering printing performed in any state that gives or requires a preference to printing performed in that state. The amount of the preference shall be equal to the amount of the preference applied by the other state for that particular category of printing.
The following is a list of states which have been found by the Department of General Services to have applied a preference for in-state printing and the amount of the preference:
| STATE | PREFERENCE | |
| 1. | Hawaii | 15% |
| 2. | Idaho | 10% |
| 3. | Louisiana | 3% |
| 4. | Montana | 8% |
| 5. | New Mexico | 5% |
| 6. | Wyoming | 10% |
C. The Reciprocal Limitations Act, also requires the Commonwealth to give resident bidders a preference against a nonresident bidder from any state that gives or requires a preference to bidders from that state or exclude bidders from states that exclude nonresident bidders. The amount of the preference shall be equal to the amount of the preference applied by the state of the nonresident bidder. The following is a list of the states which have been found by the Department of General Services to have applied a preference for in-state bidders and the amount of the preference:
| STATE | PREFERENCE | |||
| 1. | Alaska | 5% | (supplies only) | |
| 2. | Arizona | 5% | (construction materials from Arizona resident dealers only) | |
| 3. | California | 5% | (for supply contracts only in excess of $100,000.00) | |
| 4. | Connecticut | 10% | (for supplies only) | |
| 5. | Montana | 3% | ||
| 6. | New Mexico | 5% | (for supplies only) | |
| 7. | South Carolina | 2% | (under $2,500,000.00) | |
| 1% | (over $2,500,000.00) |
This preference does not apply to construction contracts nor where the price of a single unit exceeds $10,000.
| 8. | West Virginia | 2.5% | (for the construction, repair or improvement of any buildings |
| 9. | Wyoming | 5% |
| STATE | PROHIBITION | |
| 1. New Jersey | For supply procurements or construction projects restricted to Department of General Services Certified Small Businesses, New Jersey bidders shall be excluded from award even if they themselves are Department of General Services Certified Small Businesses. |
D. The Reciprocal Limitations Act also requires the Commonwealth not to specify, use or purchase supplies which are produced, manufactured, mined or grown in any state that prohibits the specification for, use, or purchase of such items in or on its public buildings or other works, when such items are not produced, manufactured, mined or grown in such state. The following is a list of the states which have been found by the Department of General Services to have prohibited the use of out-of-state supplies:
| STATE | PROHIBITION | |
| 1. | Alabama | Only for printing and binding involving ”messages of the Governor to the Legislature“, all bills, documents and reports ordered by and for the use of the Legislature or either house thereof while in session; all blanks, circulars, notices and forms used in the office of or ordered by the Governor, or by any state official, board, commission, bureau or department, or by the clerks of the supreme court . . ./and other appellate courts/; and all blanks and forms ordered by and for the use of the Senate and Clerk or the House of Representatives, and binding the original records and opinions of the Supreme Court . . . /and other appellate courts/ |
| 2. | Georgia | Forest products only |
| 3. | Indiana | Coal |
| 4. | Michigan | Printing |
| 5. | New Mexico | Construction |
| 6. | Ohio | Only for House and Senate bills, general and local laws, and joint resolutions; the journals and bulletins of the Senate and house of Representatives and reports, communications, and other documents which form part of the journals; reports, communications, and other documents ordered by the General Assembly, or either House, or by the executive department or elective state officers; blanks, circulars, and other work for the use of the executive departments, and elective state officers; and opinions of the Attorney General. |
| 7. | Rhode Island | Only for food for state institutions. |
*If the bid discloses that the bidder is offering to supply one of the above-listed products that is manufactured, mined, or grown in the listed state, it shall be rejected. Contractors are prohibited from supplying these items from these states.
II. CALCULATION OF PREFERENCE
In calculating the preference, the amount of a bid submitted by a Pennsylvania bidder shall be reduced by the percentage preference which would be given to a nonresident bidder by its state of residency (as found by the Department of General Services in Paragraph C above). Similarly, the amount of a bid offering Pennsylvania goods, supplies, equipment or materials shall be reduced by the percentage preference which would be given to another bidder by the state where the goods, supplies, equipment or materials are produced, manufactured, mined or grown (as found by the Department of General Services in Paragraphs A and B above).
THIS FORM MUST BE COMPLETED AND RETURNED WITH THE BID
III. STATE OF MANUFACTURE
All bidders must complete the following chart by listing the name of the manufacturer and the state (or foreign country) of manufacture for each item. If the item is domestically produced, the bidder must indicate the state in the United States where the item will be manufactured. This chart must be completed and submitted with the bid or no later than two (2) business days after notification from the Issuing Office to furnish the information. Failure to complete this chart and provide the required information prior to the expiration of the second business day after notification shall result in the rejection of the bid.
| ITEM NUMBER |
| NAME OF MANUFACTURER |
| STATE |
(OR FOREIGNCOUNTRY)
OF MANUFACTURE
IV. BIDDER’S RESIDENCY
A. In determining whether the bidder is a nonresident bidder from a state that gives or requires a preference to bidders from that state, the address given on the first page of this invitation to bid shall be used by the Commonwealth. If that address is incorrect, or if no address is given, the correct address should be provided in the space below:
Correct Address:
B. In order to claim the preference provided under Section I.B., Pennsylvania resident bidders must complete the following or have such information on file with the Issuing Office:
1. Address of bidder’s bona fide establishment in Pennsylvania at which it was transacting business on the date when bids for this contract/requisition were first solicited:
2. a. If the bidder is a corporation:
(1) The corporation |_| is or |_| is not incorporated under the laws of the Commonwealth of Pennsylvania.
(a) If the bidder is incorporated under the laws of the Commonwealth of Pennsylvania, provide date of incorporation:
(b) If the bidder is not incorporated under the laws of the Commonwealth of Pennsylvania, it must have a certificate of authority to do business in the Commonwealth of Pennsylvania from the Pennsylvania Department of State as required by the Pennsylvania Business Corporation Law (15 P.S. §2001). Provide date of issuance of certificate of authority:
(2) The corporation |_| is or |_| is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must register the fictitious name with the Secretary of the Commonwealth and the office of the prothonotary of the county wherein the registered office of such corporation is located as required by the Fictitious Corporate Name Act, as amended 15 P.S. §51 et seq. Corporate bidders conducting business under an assumed or fictitious name must provide date of registry of the assumed or fictitious name:
b. If the bidder is a partnership:
(1) The partnership |_| is or |_|is not conducting business in Pennsylvania under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, it must file with the Secretary of the Commonwealth and the office of the prothonotary the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended 54 P.S. §28.1. Partnerships conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:
(2) The partnership |_|is or |_| is not a limited partnership formed under the laws of any jurisdiction other than the Commonwealth of Pennsylvania. If the bidder is an Out-of-state limited partnership, it must register with the Pennsylvania Department of State as required by the Act of July 10, 1981, P.L. 237, as amended, 59 Pa. C.S.A. §503. Out-of-state limited partnerships must provide the date of registry with the Pennsylvania Department of State:
c. If the bidder is an individual:
He or she |_| is or |_| is not conducting business under an assumed or fictitious name. If the bidder is conducting business under an assumed or fictitious name, he or she must file with the Secretary of the Commonwealth and the office of the prothonotary in the county wherein the principal place of business is located as required by the Fictitious Name Act of May 24, 1945, P.L. 967, as amended, 54 P.S. §28.1. Individuals conducting business under an assumed or fictitious name must provide the date of filing of the assumed or fictitious name with the Secretary of the Commonwealth:
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