(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LOCAL BROWARD COUNTY VENDOR. A business entity which has maintained a permanent place of business with full-time employees within the Broward County limits for a minimum of one year prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box. The business location must actually distribute goods or services from that location. In
addition, the business must have a current business tax receipt from the Broward County or the city within Broward County where the business resides.
LOCAL PEMBROKE PINES VENDOR. A business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of one year prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box. The business location must actually distribute goods or services from that location. In addition, the business must have a current business tax receipt from the City of Pembroke Pines.
(B) Process.
(1) Competitive bid. For bid evaluation purposes, vendors that meet the definition of local Pembroke Pines vendor, as defined herein, shall be given a 5% evaluation credit. This shall mean that if a local Pembroke Pines vendor submits a bid/quote that is within 5% of the lowest price submitted by any vendor, the local Pembroke Pines vendor shall have an option to submit another bid which is at least 1% lower than the lowest responsive bid/quote. If the local Pembroke Pines vendor submits a bid which is at least 1% lower than that lowest responsive bid/quote, then the award will go to the local Pembroke Pines vendor. If not, the award will be made to the vendor that submits the lowest responsive bid/quote. If the lowest responsive and responsible bidder IS a local Pembroke Pines vendor, the award will be made to that vendor and no other bidders will be given an opportunity to submit additional bids as described herein.
(2) For bid evaluation purposes, vendors that meet the definition of local Broward County vendor, as detailed herein, shall be given a 2.5% evaluation credit. This shall mean that if a local Broward County vendor submits a bid/quote that is within 2.5% of the lowest price submitted by any vendor, the local Broward County vendor shall have an option to submit another bid which is at least 1% lower than the lowest responsive bid/quote. If the local Broward County vendor submits a bid which is at least 1% lower than that lowest responsive bid/quote, then the award will go to the local Broward County vendor. If not, the award will be made to the vendor that submits the lowest responsive bid/quote. If the lowest responsive and responsible bidder is a local Pembroke Pines vendor, the award will be made to that vendor and no other bidders will be given an opportunity to submit additional bids as described herein.
(3) If there is a local Pembroke Pines vendor and a local Broward County vendor participating in the same bid solicitation and both vendors qualify to submit a second bid as detailed above, the local Pembroke Pines vendor will be given first option. If the local Pembroke Pines vendor cannot beat the lowest bid received by at least 1%, an opportunity will be given to the local Broward County vendor. If the local Broward County vendor cannot beat the lowest bid by at least 1%, then the bid will be awarded to the lowest bidder regardless of geographic location of the business.
(4) If multiple local Pembroke Pines vendors submit bids/quotes which are within 5% of the lowest bid/quote, then all vendors will be asked to submit a best and final offer (BAFO). The award will be made to the local Pembroke Pines vendor submitting the lowest BAFO providing that that BAFO is at least 1% lower than the lowest bid/quote received in the original solicitation. If no local Pembroke Pines vendor can beat the lowest bid/quote by at least 1 %, then the process will be repeated with all local Broward County vendors who have submitted a bid/quote which is within 2.5% of the lowest bid/quote. If no local Pembroke Pines vendor and no local Broward County vendor can submit a BAFO that is at least 1% lower than the lowest bid/quote submitted in the original solicitation, the award will be made to the lowest responsive bidder regardless of geographic location of the business.
(C) Competitive proposal. For evaluation purposes, local Pembroke Pines vendor and local Broward County vendor shall be a criterion for award in any Request For Proposal unless specifically exempted by the City Manager or the City Commission.
(D) Exceptions.
(1) No local vendor preference will be included in any competitive solicitation where the city is the lead agency for the Southeast Florida Cooperative Purchasing Group;
(2) Utilization of a state or other agency contract;
(3) State or federal law prohibits the use of local preference;
(4) The work is funded in whole or in part by a governmental entity where the laws, rules, regulations or policies prohibit the use of local preferences;
(5) Sole source or single source purchases;
(6) The local vendor is either non-responsive or non-responsible;
(7) All bids submitted exceed the budget amount for the project;
(8) Emergency purchases;
(9) The City Manager and/or the City Commission may exempt any competitive solicitation from the local vendor preference.
(Ord. 1707, passed 10-19-11; Am. Ord. 1924, passed 5-15-19)