§ 2-111. Local preference/tie bids.

(a)

Definition of local business.

(1)

Local business for purposes of this section means (i) a vendor, supplier, or contractor who does business in Pasco County by providing goods, services, or construction; and (ii) maintains a physical business address located within the jurisdictional limits of Pasco County in an area zoned for the conduct of such business; and (iii) which the vendor, supplier or contractor operates or performs business on a daily basis; and (iv) has for at least 12 months prior to the bid or proposal opening date; and (v) a copy of their local business tax receipt. Post office boxes shall not be used for the purpose of establishing said physical address.

(b)

Local preference policy.

(1)

Competitive bid (local match option). In bidding for, or letting contracts or procurement of goods, services or construction, as described, the board of county commissioners may give a preference to local businesses in making purchases as described below:

(i)

When written quotations or sealed bids are received that do not exceed $1,000,000.00, and the lowest price is offered by a vendor that is not a local business, and the next lowest price is offered by a local business, and is within ten percent of the lowest price offered, then the local business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the local business will be awarded the quotation or bid if the local business is otherwise fully qualified and meets all requirements of the solicitation.

(ii)

When sealed bids are received that are greater than $1,000,000.00, and the lowest price is offered by a business that is not a local business, and the next lowest price is offered by a local business, and is within five percent of the lowest price offered, then the local business shall be given the opportunity to match the lowest price offered, and if agreement to match the lowest price is reached, the local business will be awarded the quotation or bid if the local business is otherwise fully qualified and meets all county requirements.

(iii)

The total quote or 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 that will be actually purchased or awarded by the board.

(2)

Other solicitations. In the case of request for proposals or qualifications, 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 ten points in addition to their total combined evaluation points. Businesses located within Hillsborough, Pinellas, Polk, and Hernando Counties shall be assigned five points in addition to their total combined evaluation points.

(c)

Exceptions to local preference policy.

(1)

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

(i)

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

(ii)

Purchases and contracts which are funded, in whole or in part, by federal, state, and/or grant funds and such funding prohibits application of this local preference; or

(iii)

Purchases or contracts made under an emergency or in a noncompetitive situation, or for legal services.

(2)

Application of the local preference policy 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 local 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.

(d)

Application and enforcement of this preference policy.

(1)

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

(e)

Tie bids. If two or more identical bids are received with regard to unit price or lump-sum total; are deemed responsive and responsible in accordance with section 2-110; and the bidders' qualifications, quality of goods and/or services are deemed equal, a tie bid is deemed to exist. Where tie bids exist between bidders; one of which is a business whose principal place of business is located within the geographical boundaries of Pasco County and the other bidder is not, the bid shall be awarded to the bidder located within the county by the purchasing director, county administrator, county attorney, or board of county commissioners in accordance with section 2-110. where tie bids exist and no bidders are located within the county, award shall be made at the sole discretion of the purchasing director, county administrator, county attorney, or board of county commissioners in accordance with section 2-110.

(Ord. No. 15-26, § 2, 12-15-15; Ord. No. 18-16, § 10, 6-5-18)