Nebraska Bidder Preferences: Status and What to Do

What it is

Nebraska does not run its own MBE or WBE certification for state purchasing, and we found no state small business set-aside or certification. The state law preference that does exist is Neb. Rev. Stat. 73-107. When a state contract goes to the lowest responsible bidder, a resident disabled veteran or a business located in a designated enterprise zone gets preference over other bidders "if all other factors are equal." The Department of Administrative Services (DAS) State Purchasing Bureau runs state bids.

Who qualifies

• Resident disabled veteran: a Nebraska resident who served in the U.S. Armed Forces (including reserves or National Guard), was discharged honorably or under honorable conditions, and has a disability determination from the U.S. Department of Veterans Affairs or Department of Defense.
• The veteran must own and control the business, or own more than 50% of a publicly owned business, and control its management and daily operations.
• Or: the business is located in an enterprise zone designated under the Enterprise Zone Act.
• No size limit is stated.
• Out-of-state firms: LB461, approved by the Governor on February 13, 2024, repealed the reciprocal preference law (73-101.01). Nebraska no longer marks up bids from states that favor their own bidders.

What it means for your bids

• The 73-107 preference works as a tie-breaker. The statute sets no percentage.
• The statute says a contract awarded without following 73-107 is null and void.
• Nebraska vendors get preference when bids are equal in all respects and tied in price. Ties among Nebraska vendors are settled by drawing lots (per the Texas Comptroller's list, citing Neb. Admin. Code Title 9, ch. 1, section 004.02).
• State bid forms include a self-certification box: "I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone."
• Blind persons licensed by the Commission for the Blind and Visually Impaired get priority to run vending facilities on state property (71-8611).

How to get certified

There is no state certificate.

1. Find state bids on the Bid Opportunities page: https://das.nebraska.gov/materiel/purchase_bureau/vendor/bid_opportunity.html
2. Registration is not required, but vendors not on the mailing list "may not receive all information regarding bid opportunities." Submit the optional Vendor Application from the vendor information page: https://das.nebraska.gov/materiel/purchase_bureau/vendor/vendor-info.html
3. When you bid, check the 73-107 box on the bid form if you qualify.
4. Keep your discharge papers, disability determination and ownership records ready. The official pages do not say what proof an agency will ask for.
5. The pages we checked do not list a fee, renewal cycle or processing time.

Watch out for

• The official pages we checked do not list which areas are designated enterprise zones. Ask the State Purchasing Bureau.
• LB100, the Business Innovation and Startup Act, was indefinitely postponed on April 17, 2026.
• LB529, approved April 7, 2025, redefined "state agency" under the State Procurement Act. Per PolicyRisk, the University of Nebraska and state colleges are not covered.
• Cities, counties and school districts run their own purchasing. Check each one.
• Federal DBE certification is separate and has its own page.
• Help: the Nebraska Business Development Center's Government Contracting (APEX) program, 402-554-6232, nbdc@unomaha.edu. State Purchasing Bureau: 402-471-6500.

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Sources

• nebraskalegislature.gov/laws/statutes.php?statute=73-107
• nebraskalegislature.gov/laws/statutes.php?statute=73-101.01
• nebraskalegislature.gov/laws/statutes.php?statute=71-8611
• www.NebraskaLegislature.gov/FloorDocs/108/PDF/Slip/LB461.pdf
• das.nebraska.gov/materiel/purchase_bureau/vendor/vendor-info.html
• das.nebraska.gov/materiel/purchase_bureau/vendor/bid_opportunity.html
• das.nebraska.gov/materiel/purchasing/109205/Attachment%201%20-%20Request%20for%20Quali
• nebraskalegislature.gov/bills/search_by_number.php?DocumentNumber=LB529
• nebraskalegislature.gov/bills/search_by_number.php?DocumentNumber=LB100
• www.unomaha.edu/nebraska-business-development-center/
• comptroller.texas.gov/purchasing/bidder-preference/nebraska.php
• update.legislature.ne.gov/?p=12196
• policyrisk.com/state-bill/NE-LB529-109

FindMyBids isn't affiliated with any certifying agency, and this isn't legal advice. Status can change quickly with court orders and new laws, so confirm with the program office before you rely on it.