(a) Definitions. The words and phrases defined in this section have the following meanings:
LOCAL BUSINESS. A business with a principal place of business within the corporate limits of the City of Fort Worth.
PRINCIPAL PLACE OF BUSINESS.
a. A facility that is fully operational and has sufficient equipment, supplies and personnel to provide the product or service of the business in question to clients in the city without significant reliance on the resources of another entity or affiliate or of an auxiliary facility of the business which is located outside the corporate limits of the city.
b. A location utilized solely as a post office box, mail drop or telephone message center, or
any combination thereof, with no other substantial function, shall not be construed as a principal place of business.
(b) Contracts for personal property or services in an amount greater than $50,000 and less than $500,000 using lowest responsible bidder criteria. In purchasing any personal property that is not affixed to real property or services, if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 5% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract for an amount greater than $50,000 but less than $500,000 with:
(1) The lowest bidder; or
(2) The bidder that is a local business as defined herein, provided the city council determines, in writing, that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(c) Contracts for personal property in an amount equal to or greater than $500,000 using lowest responsible bidder criteria. In purchasing any personal property that is not affixed to real property, if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 3% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract for an amount equal to or greater than $500,000 with:
(1) The lowest bidder; or
(2) The bidder that is a local business as defined herein, provided the city council determines, in writing, that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(d) Contracts for construction services in an amount between $50,000 and $99,999.99 using lowest responsible bidder criteria. In purchasing any construction services if the city receives one or more competitive bids from a bidder that is a local business and whose bid is within 5% of the lowest bid price received by the city from a bidder that is not a local business, the city may enter into a contract in an amount greater than $50,000.00 but less than $99,999.99 with:
(1) The lowest responsible bidder; or
(2) A responsible bidder that is a local business as defined herein provided the city council determines that awarding to the local bidder offers the city the best combination of contract price and economic development opportunities.
(e) Contracts for services, construction services, or personal property procured using the best value criteria. The city finds that awarding more contracts to local businesses can provide additional value to the city in the form of increased local capacity that allows the city to: (1) maintain and expand an able and competitive pool of businesses from which to procure goods and services; (2) improve employment opportunities for city residents; and (3) increase tax revenues to the city. Therefore, when procuring any services construction services, or personal property that is not affixed to real property, in determining the best value for the city, the city may consider, in addition to other relevant criteria as may be determined by the city:
(1) The bidder's principal place of business, if specifically included in the request for bids or proposals.
(f) Exceptions.
(1) This § 2-14 does not apply to the acquisition of:
a. Personal property that is not affixed to real property or services that are not acquired pursuant to Tex. Local Government Code Title 8; or
b. Professional services.
(2) Unless specifically allowed by federal law, this § 2-14 does not apply to any contract in which the federal government participates in the form of a grant or loan, or the city acts as a conduit for federal money.
(3) Section 2-14(b) herein does not apply to the purchase of telecommunications services or information services, as those terms are defined by 47 U.S.C. § 153.
(g) Rejection of all bids. This section does not prohibit the city from rejecting all bids.
(Ord. 20645-03-2013, § 1, passed 3-5-2013; Ord. 25533-06-2022, § 1, passed 6-14-2022)