(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
VETERAN OWNED SMALL BUSINESS.
A business entity which has received a Determination Letter from the United States Department of Veteran Affairs Center for Verification and Evaluation notifying the business that they have been approved as a veteran owned small business (VOSB).
(B) Process.
(1) Competitive bid. For bid evaluation purposes, vendors that meet the definition of veteran owned small business, as defined herein, shall be given a 2.5% evaluation credit. This shall mean that if a veteran owned small business submits a bid/quote that is within 2.5% of the lowest price submitted by any vendor, the veteran owned small business shall have an option to submit another bid which is at least 1% lower than the lowest responsive bid/quote. If the veteran owned small business submits a bid which is at least 1% lower than that lowest responsive bid/quote, then the award will go to the veteran owned small business. 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 or a local Broward County vendor as established in § 35.36 of this Code, entitled "Local Vendor Preference", then 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) If there is a local Pembroke Pines vendor, a local Broward County vendor, and a veteran owned small business participating in the same bid solicitation and all three 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%, an opportunity will be given to the veteran owned small business. If the veteran owned small business cannot beat the lowest bid by at least 1%. then the bid will be awarded to the lowest bidder.
(3) If multiple veteran owned small businesses submit bids/quotes which are within 2.5% of the lowest bid/quote and there are no local Pembroke Pines vendors or local Broward County vendors as described in § 35.36 of this Code, entitled "Local Vendor Preference", then all vendors will be asked to submit a best and final offer (BAFO). The award will be made to the veteran owned small business 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 veteran owned small business can beat the lowest bid/quote by at least 1%, then the award will be made to the lowest responsive bidder.
(C) Competitive proposal. For evaluation purposes, veteran owned small business shall be a criterion for award in any Request For Proposal unless specifically exempted by the City Manager or the City Commission. The criterion amount shall be 2.5%.
(D) Any business claiming veteran owned small business cannot also claim local vendor preference as described in § 35.36 of the this Code entitled "Local Vendor Preference".
(E) Exceptions.
(1) No veteran owned small business 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 veteran owned small business 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 veteran owned small business preferences;
(5) Sole source or single source purchases;
(6) The veteran owned small business 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 veteran owned small business preference.
(Ord. 1769, passed 2-19-14; Am. Ord. 1924, passed 5-15-19)