§ 2-1188.1. Local preference.  


Latest version.
  • (a)

    Applicability. This local preference program shall only apply to any city contract (referred to hereinafter as "Eligible local projects") procured under section 2-1188 competitive sealed bidding. It does not apply to procurements utilizing competitive sealed proposals under section 2-1189, small purchases under section 2-1190, sole source procurement under section 2-1191, emergency procurement under section 2-1192, competitive selection procedures for professional and consultant services under section 2-1193 and federally-funded projects.

    (b)

    Statement of policy. The city has a significant interest in encouraging the creation of employment opportunities for its residents and for businesses located within the city. As a purchaser of goods and services, the city will benefit from expanded job and business opportunities for its residents and businesses through additional revenues generated by its activities. It is in the interest of the city and its residents to give preference on eligible local projects to those eligible offerors who have direct physical and economic relationships with the city.

    (c)

    Certification as a local offeror. In order to be certified as a local offeror, an eligible offeror must submit a completed application to the department of procurement, and the applicant must be approved and certified by the department of procurement. An eligible offeror must submit a completed and signed written application to become a local offeror before it will be allowed to receive a bid preference on an eligible local project. In order to be approved as a local offeror and receive a bid preference on an eligible local project, the application for approval as a local offeror and all supporting documents must be received by the department of procurement at least 30 days prior to the date bids are received on such eligible local project. An eligible offeror who fails to submit an application for approval as a local offeror at least 30 days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local offeror, will not be qualified for a bid preference on such eligible local project.

    (d)

    Criteria. To be certified as a local offeror, the eligible offeror must satisfy no less than two of the following criteria:

    (1)

    The eligible offeror's principal place of business is located in the city or that the eligible offeror has held a valid city business license for at least one year prior to the date of application.

    (2)

    A majority of the full time employees, chief officers, and managers of the eligible offeror have regularly conducted work and business in the city for at least one year prior to the date of application.

    (3)

    A majority of the employees based at the eligible offeror's location(s) in the city have been residents of the city for at least one year prior to the date of application.

    (4)

    The services the eligible offeror offers to the city have been provided by the eligible offeror in the city for at least one year prior to the date of application.

    If the applicant is a joint venture or mentor-protégé team, each participant in the joint venture or mentor-protégé team must be approved independently as a local offeror in order for the joint venture or mentor-protégé team to receive the bid preference on eligible local projects.

    (e)

    Term. The certification as a local offeror shall expire two years from the date of the approval of the application. Following the expiration date, a business is no longer a local offeror. An eligible offeror must submit a new application for certification as a local offeror to the department of procurement and establish that it continues to meet the requirements contained in paragraph (d) of this section in order to receive a bid preference on eligible local projects.

    (f)

    Determining responsiveness of non-local offerors. The geographic location of an eligible offeror shall be one of the factors considered by the department of procurement in determining whether a bid on an eligible local project is responsive. A bid submitted by a non-local offeror shall be deemed non-responsive on the basis that the eligible offeror is a non-local offeror, unless:

    (1)

    For eligible local projects valued at less than $500,000.00, the amount of the bid submitted by the non-local offeror is ten percent lower than the lowest responsible and responsive bid submitted by a local offeror;

    (2)

    For eligible local projects valued at $500,000.00 or more, the amount of the bid submitted by the non-local offeror is five percent lower than the lowest responsible and responsive bid submitted by a local offeror;

    (3)

    The bid submitted by the non-local offeror would be responsible and responsive but for the fact that the eligible offeror is a non-local offeror; and

    (4)

    The amount of the bid submitted by the non-local offeror is lowest among bids submitted by other non-local offerors that would be responsible and responsive but for the fact that such other eligible offerors are non-local offerors.

    (g)

    Continuing obligations of eligible offerors certified as local offerors. Eligible offerors certified as local offerors shall be under a continuing duty to immediately inform the department of procurement in writing of any changes in the eligible offeror's business if, as a result of such ;changes, the eligible offeror no longer satisfies the requirements of paragraph (d) of this section.

(Ord. No. 2009-78(09-O-1876), § 4, 12-15-09)