§ 2-269.5. Local bid and quote preference.

(a)

Applicability. This section shall apply to purchasing subject to the formal bidding requirements of section 2-271, or that require multiple competitive quotes subject to the requirements of subsection 2-270(b), and result from an invitation to bid or request for quote by the county where price is the sole determining factor for the award of contract to the lowest responsible and responsive bidder.

(b)

Preference. Preference afforded under this section shall be calculated as follows:

(1)

A prime contractor qualifying as a local business shall be granted a preference of three percent of the total bid price or quote.

(2)

A prime contractor meeting the requirements of subsection (b)(1) proposing the utilization of a subcontractor shall be granted a preference of two percent of the bid price or quote if the work to be performed by all subcontractors, that qualify as local businesses, constitutes 51 percent or greater of the total work to be performed by all subcontractors. This subsection shall not apply if the invitation to bid or request for quote does not authorize utilization of subcontractors.

(3)

In the event that a prime contractor qualifies for a preference under subsections (b)(1) and (b)(2), total preference shall not exceed five percent.

(4)

Preference shall not be given to that amount of the total bid price or quote of a prime contractor exceeding $25,000.00 from the nearest competing bid price or quote for that solicitation.

Preference shall be calculated based on the total bid or quote price, including any alternate or optional service or product in the bid or quote selected by the county.

(c)

Exemptions. Notwithstanding subsection (a), this section shall not apply to any of the following purchasing activities:

(1)

Purchasing funded, in whole or in part, by an entity prohibiting application of the preferences provided by this section by grant agreement, contract or applicable federal, state or local law; or

(2)

Emergency purchasing subject to section 2-275 of the Code.

(d)

Certification. A prime contractor claiming to qualify as a local business for purposes of this section shall so certify in writing on a form prescribed by the purchasing director as part of the competitive solicitation process.

(e)

Verification. Any prime contractor or subcontractor subject to a bid or quote subject under this section shall provide all documentation required by the purchasing director that demonstrates its qualification as a local business prior to time of purchase or recommendation of award of contract.

(f)

Maintenance of status. A prime contractor granted a preference under this section resulting in a written contract shall stipulate to maintaining its status as a local business throughout the term of the contract, including subcontractors for which preference is granted. This requirement shall be included in the contract between the prime contractor and subcontractor.

(g)

Subcontractors. A prime contractor seeking preference under this section shall be required to disclose all subcontractors in its bid or quote and stipulate to continued utilization of subcontractors for which preference is granted under this section in any resulting contract unless approved in writing by the county and without change in price.

(h)

Employment vacancies. A prime contractor, and its subcontractors, granted preference under this section stipulates to posting employment vacancies generated from a resulting contract with agencies or organizations that may be identified by the purchasing director.

(i)

Compliance. Noncompliance with this section shall be deemed a material breach of the resulting contract, grounds for termination by the county and may subject the prime contractor to disqualification in accordance with subsection 2-267(9).

(j)

Reciprocity. Effective July 1, 2012, no county, or municipality within a county, listed in the definition of local business in section 2-261 shall serve as a basis for preference under this section if that county or municipality authorizes preference in its procurement process to a business based on a physical location that does not include Volusia County.

(k)

Review. This section shall be reviewed by the county council by December 31, 2013.

(Ord. No. 2011-27, § II, 12-1-11)