(a) Application of Bid Discount. A Contracting Authority shall, prior to awarding a Contract, evaluate all Bids received and apply a Bid Discount equal to four percent (4%) to each Bid of any Local Bidder whose Headquarters Location is within the City or two percent (2%) to each Bid submitted by any other Local Bidder. Only one Bid Discount is to be applied to each Bid.
(b) All Contracts shall be awarded to the lowest and best bidder. The determination of the best bid shall be made in conformance with the criteria set forth in the bidding documents and other criteria established by the Contracting Authority. A Contracting Authority shall not take into consideration a Bid Discount in determining whether a Bid is the best bid submitted.
(c) Nothing herein shall be construed as increasing or decreasing the actual price of a Bid and the resulting Contract made in accordance with the terms of this Chapter. The provisions of this Chapter are intended only to be used for the purposes of comparing the evaluating bids for goods and services. Nothing in this Chapter shall be construed to create any private rights, claims or causes of action on behalf of any person, including but not limited to any Bidder.
(d) The provisions of this Chapter shall not apply to the following contracts or situations:
(1) Contracts funded in whole or in part with State or federal funds;
(2) Emergency procurements;
(3) Purchases made through the Ohio Department of Administrative Services or through participation in a joint purchasing program authorized under Section 9.48 of the Ohio Revised Code;
(4) Contracts for Professional Services;
(5) Any other Contract for which an invitation to bid, solicitation or request for proposal has not been made.
(e) The City shall indicate in all of its invitations to bid, its requests for proposals and its solicitations for Contracts that it shall apply a Bid Discount in accordance with this Chapter.
(Ord. 15-12AC CMS. Passed 3-16-15.)