Utah Resident Bidder Preferences: Status and What to Do

What it is

The Utah Division of Purchasing and General Services runs state purchasing. Utah does not run its own MBE, WBE, small business or veteran-owned certification for state bids. The state's APEX Accelerator points businesses to federal SBA certifications (WOSB, SDVOSB, 8(a) and HUBZone). What Utah law does give in-state firms is a set of reciprocal preferences, under Utah Code 63G-6a-1002 and 63G-6a-1003, plus a tie-bid rule.

Who qualifies

• Utah products preference: bidders offering items produced, manufactured, mined, grown or performed in Utah. You must certify this on your bid.
• Resident contractor preference (construction): a contractor with its principal place of business in Utah, or that employs Utah residents when available, and that was doing business when bids were first requested. You must certify this on your bid.
• Tie bids: a Utah resident bidder that marked Utah residency on the bid form (Utah Admin. Code R33-6-111).
• Out-of-state firms can register and bid. They may face a reciprocal preference if their home state favors its own bidders.

What it means for your bids

• The preference equals what the other bidder's home state gives its own bidders for that item or contract. It applies against bidders from states that have such preferences.
• If a Utah bidder, with the preference, is at or below the lowest bid from a preferring state, the agency must notify the Utah bidder. That bidder can win by agreeing in writing within 72 hours to meet the low bid. No award goes to another bidder until the 72 hours pass.
• If exactly one tied bid comes from a Utah resident bidder, that bidder gets the award.
• If you do not certify on your bid, you waive the preference.
• These preferences do not apply where they conflict with federal requirements or could put federal funds at risk.
• Utah does not keep approved vendor lists for general statewide contracts. Those contracts are re-bid, usually three to four months before a portfolio expires.

How to get certified

There is no state certification to apply for. To use the preferences:

1. Register in U3P (Bonfire): https://utah.bonfirehub.com/. The Division's vendor guide says registration, email notices and electronic responses are free.
2. Read each solicitation's instructions and general provisions. Mark Utah residency and certify Utah products or resident contractor status where the bid form asks.
3. If you want a federal certification (WOSB, SDVOSB, 8(a), HUBZone), get free help from the Utah APEX Accelerator at 801-538-8655.

Watch out for

• We could not read the Utah Code on the Legislature's site for this page. Statute details here come from the Texas Comptroller's and NASPO's summaries of Utah law. Check the solicitation or ask the Division.
• The Division's site listed no 2025-2026 changes to these preferences.
• Federal DBE (highway and transit work) is a separate program.
• Cities, counties and school districts buy on their own and may have their own rules.
• Division of Purchasing help: 801-957-7160.

Programs in other states →

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Sources

• purchasing.utah.gov/
• purchasing.utah.gov/training/for-vendors-training/
• purchasing.utah.gov/wp-content/uploads/Vendor-Guide-11.6.2024.pdf
• business.utah.gov/apex/
• comptroller.texas.gov/purchasing/bidder-preference/utah.php
• www.naspo.org/research-and-innovation/state-preference-repository/browse-by-state/u

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.