A. Nonresidents: The city shall not contract with a bidder who is not a resident of this state unless:
1. No bids are submitted by a resident bidder;
2. The bid submitted by the nonresident bidder is more than five percent (5%) less than the bid submitted by any resident bidder;
3. The bid submitted by a nonresident bidder, who resides in a state which has a reciprocal agreement with this state regarding nonresident bidding requirements, is less than the bid submitted by any resident bidder by that percentage which is at least equal to that required by the reciprocal state of a bidder from this state. States not having such reciprocal agreements shall comply with provisions of subsection A2 of this section.
B. Residents:
1. A "resident bidder" is any person, firm, corporation or other legal entity, if at the time the contract is advertised for bids and at the time bids are submitted, it meets the following requirements:
a. Maintains its principal place of business in the state of Oklahoma.
b. If the bidder is a corporation, then it must be domiciled or incorporated in Oklahoma and a majority of its outstanding shares must be owned by one or more individual citizens and residents of the state of Oklahoma who pay income, real property and personal property taxes in this state.
c. If the bidder is a partnership, general or limited, or other legal entity, then the partners or associates owning a majority beneficial interest therein must be citizens and residents of the state of Oklahoma who pay income, real property and personal property taxes in this state. If one or more partners or associates are corporations, then a majority of its outstanding shares must be owned by individual citizens and residents of the state of Oklahoma who pay income, real property and personal property taxes in this state. If the entity is a trust, then a majority of the beneficial interest thereof must be owned by individual citizens and residents of the state of Oklahoma.
d. If the bidder is an individual, then the individual must be a citizen and resident of the state of Oklahoma who pays income, real property and personal property taxes in the state of Oklahoma.
2. The provisions of this section shall not be applicable to any contract in which federal funds are involved.
3. A resident bidder shall submit with his bid an affidavit stating that he meets the qualifications of this subsection B. (1985 Code § 7-304)