240.03  SYSTEM OF PREFERENCES.
   (a)   Subject to the system of preferences set forth herein, contracts for the purchase of all equipment, materials, supplies, and/or services shall be awarded to the lowest and best bidder. Prior to awarding a contract or making a purchase of equipment, materials, supplies, and/or services, the City shall first conditionally reject any bids or offers that have not been or that will not be produced in the United States of America only if sufficient competition can be generated within the United States to ensure that compliance with this requirement will not result in an excessive price for the product or service or in acquiring a disproportionately inferior product or service as set forth below.
   (b)   From among the remaining bids, the City shall select the lowest and best offer(s) or bid(s) from among those that offer such equipment, materials, supplies and/or services that have been produced in Ohio only if sufficient competition can be generated within Ohio to ensure that compliance with this requirement will not result in an excessive price for the product or service or in acquiring a disproportionately inferior product or service.
   (c)   From the remaining bids, the City shall select the lowest and best offer(s) or bid(s) from among those that offer such equipment, materials, supplies, and/or services that have been produced in Licking County only if sufficient competition can be generated within Licking County to ensure that compliance with this requirement will not result in an excessive price for the product or service or in acquiring a disproportionately inferior product or service.
   (d)   Under circumstances where the preliminary analysis as set forth above identifies the apparent low offer or bid to be from a Licking County provider, the City shall proceed with utilizing standard purchase or contract award practices and procedures.
   (e)   Under circumstances where the preliminary analysis as set forth above identifies the apparent low offer or bid to be from a provider outside of Licking County, the City shall consider the following factors:
      (1)   Whether the equipment, materials, supplies, and/or services can be procured from within Licking County in sufficient and reasonably available quantities and of a satisfactory quality;
      (2)   Whether bid(s) or offer(s) have been submitted from within Licking County;
      (3)   Whether the lowest Licking County bid or offer, if any, offers a price deemed by the City to be "excessive." An excessive price shall be a price that exceeds the lowest non-Licking County bid or offer by more than three (3) percent;
      (4)   Whether the lowest Licking County bid, if any, offers a disproportionately inferior product or service.
   (f)   Under circumstances where the City determines that selection of the lowest Licking County bid or offer, if any, will not result in an excessive price or disproportionately inferior product or service, the City shall propose a contract award to the party extending the low Licking County bid or offer at the bid or offer price quoted.
   (g)   The City shall indicate in all its invitations to bid that it will apply a domestic Licking County and Ohio bid preference as outlined in this ordinance in the evaluation and award of bids received.
   (h)   This section and the system of preferences set forth herein shall not apply to those purchases wherein the City is taking advantage of membership benefits provided through the State of Ohio Cooperative Purchasing Program to contract for the purchase of equipment, materials, supplies, and/or services under the benefits of such program.
(Ord. 06-20.  Passed 5-15-06.)