Without limiting the discretion inherent in applying the bid standard adopted in § 34.02, the following local preference shall ordinarily be applied when evaluating bids on all competitively bid contracts, except on any contract that will be paid for by federal funds and except where otherwise prohibited by law or by rules applicable to an actual or anticipated funding source.
(A) Local businesses are those businesses which have as their principal place of business, as reflected in the records of the Ohio Secretary of State, an address which is located within the municipal boundaries of this village, and which in the quarter immediately prior to the advertising of bids have paid municipal income taxes; any bidder who wishes to be considered a local business must consent to the verification of having paid quarterly taxes by the Village Income Tax Administrator, who will only confirm that taxes have been paid and will not report the amount thereof. A local business that does not consent to the verification may nonetheless be considered a regional business.
(1) If the lowest bid as determined by the village is not submitted by a local business, and a bid was submitted by a local business, the local business shall have an opportunity to match the lowest bid and be considered the lowest bidder under the following conditions:
(a) If a local business submits a bid that is within 2% of the lowest bid, up to a maximum of $20,000 as determined by the village, the Village Administrator or his or her designee will notify the local business of the amount of the lowest bid and give the local business two business days to match the lowest bid and be considered the lowest bidder or to decline to match the lowest bid.
(B) Regional businesses are those businesses which have as their principal place of business, as reflected in the records of the Ohio Secretary of State, an address which is located outside the municipal boundaries of this village and within Richland County.
(1) If the lowest bid as determined by the village is not submitted by a regional business, a bid was submitted by a regional business, and no local business submitted the lowest bid or matched the lowest bid under division (A), above, the regional business shall have an opportunity to match the lowest bid and be considered the lowest bidder as provided below:
(a) If a regional business submits a bid that is within 1% of the lowest bid, up to a maximum of $10,000 as determined by the village, the Village Administrator or his or her designee will notify the regional business of the amount of the lowest bid and give the regional business two business days to match the lowest bid and be considered the lowest bidder or to decline to match the lowest bid.
(C) The determination of whether an actual or anticipated funding source will prevent the application of this preference will be made in the sole discretion of the Village Administrator.
(D) Improper omission of this preference shall not be grounds for invalidating bids, nor may a local business use such omission as grounds for a protest; however, when this local preference is included in bid specifications and it is determined prior to the award of the contract that such preference is prohibited due to a known funding source, the erroneous inclusion of this preference may be relied upon as a basis to reject all bids.
(E) Nothing in this section shall be construed to create any private rights, claims or causes of action on behalf of any person, including but not limited to bidders, proposers, and contractors.
(F) This section shall be reprinted in its entirety within bid specifications when this local preference applies.
(Ord. 4-2015, passed 1-20-2015)