§ 2-111. Local bidder or procurement preference.

(a)

Local preference in purchasing and contracting.

(1)

In bidding for, or letting contracts for procurement of, supplies, materials, equipment, and services, as described in the purchasing policies of the county, the board of county commissioners may give a preference to local businesses in making purchases or awarding contracts in an amount not to exceed:

a.

Five (5) percent of the local business' total bid price if the cost differential does not exceed ten thousand dollars ($10,000.00) for procurement activities in amounts over thirty-five thousand dollars ($35,000.00); or

b.

Three (3) percent if the cost differential does not exceed one thousand dollars ($1,000.00) for procurement activities in amounts more than ten thousand dollars ($10,000.00) but less than thirty-five thousand dollars ($35,000.00).

(2)

The total bid price shall include not only the base bid price, but also all alterations to the base bid price resulting from alternates which were both part of the bid and actually purchased or awarded by the board of county commissioners.

(3)

In the case of requests for proposals or qualification, letters of interest, or other solicitations and competitive negotiations and selections in which objective factors are used to evaluate the responses, local businesses shall be assigned five (5) percent of the total points of the total evaluation points.

(b)

Exceptions to local preference policy.

(1)

The procurement preference set forth in this article shall not apply to any of the following purchases or contracts:

a.

Goods or services provided under a cooperative purchasing agreement or interlocal agreement;

b.

Contracts of professional services procurement of which is subject to the Consultants' Competitive Negotiation Act or subject to any competitive consultant selection policy or procedure adopted or utilized by the board of county commissioners;

c.

Purchases or contracts which are funded, in whole or in part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference;

d.

Purchases made or contracts let under emergency or noncompetitive situations, or for litigation related legal services, etc.; or

e.

Purchases with an estimated cost of less than ten thousand dollars ($10,000.00) or less.

(2)

Application of local preference to a particular purchase, contract, or category of contracts for which the board is the awarding authority may be waived upon written justification and recommendation by the county administrator, and approval of the board.

(3)

The preference established in this section does not prohibit the right of the board to compare quality or fitness for use of supplies, materials, equipment and services proposed for purchase and compare qualifications, character, responsibility and fitness of all persons, firms, or corporations submitting bids or proposals.

(4)

The bid preference established in this section does not prohibit the board from giving any other preference permitted by law in addition to the preference authorized in this section.

(c)

Application and enforcement of preference policy. The local preference policy established in this section shall apply to new contracts and procurements solicited after the effective date of this section.

(d)

Promulgation of rules. The county administrator is hereby authorized to adopted administrative rules supplemental to the provisions of this section as deemed necessary and appropriate to implement the provisions of this section.

(e)

Conflicts. If provisions of other ordinances conflict with any of the provisions of this section, the provisions of this section control as the prevailing provisions.

(Ord. 2013-23, §§ 2—6, 7-23-13)