§ 208.04  LOCAL BIDDER PREFERENCE.
   (a)   When the preliminary analysis of bids identifies the apparent low bidder as a City of Xenia bid, the city may proceed with its standard contract award practices and procedures.
   (b)   When the preliminary analysis identifies the apparent low bid as one other than a City of Xenia bid, the city may consider the following factors:
      (1)   Whether the goods or services that can be procured in the City of Xenia or Xenia Township is sufficient and in reasonably available quantities and of a satisfactory quality;
      (2)   Whether a City of Xenia or Xenia Township bid has been submitted;
      (3)   In determining the lowest bidder, a credit can be given to a local bidder as outlined below:
         A.   A credit equal to three percent of the lowest bid submitted by a non-local bidder will be given to local bidders for contracts that are fifty thousand dollars ($50,000.00) or less.
         B.   A credit equal to two percent of the lowest bid submitted by a non-local bidder will be given to local bidders for contracts that are between fifty thousand and one dollars ($50,001.00) and two hundred and fifty thousand dollars ($250,000.00).
         C.   A credit equal to one percent of the lowest bid submitted by a non-local bidder will be given to local bidders for contracts that are greater than two hundred fifty thousand ($250,000.00) or ten thousand dollars ($10,000.00), whichever is less.
         D.   This local preference section shall apply to businesses in the City of Xenia and Xenia Township.  The applicable credit shall be first applied to the City of Xenia business bid to determine if it becomes the lowest bid. If it becomes the lowest bid, it may be awarded the bid. If after application of the applicable credit, the City of Xenia business does not become the low bid, the applicable credit shall be applied to the Xenia Township business. If it becomes the low bid, then the bid may be awarded to the Xenia Township business. If not, it may be awarded to the low bidder.
      (4)   Whether the lowest City of Xenia or Xenia Township bid, if any, offers a disproportionately inferior product or service.
   (c)   Where the city determines that selection of the lowest City of Xenia or Xenia Township bid, if any, will not result in an excessive price or a disproportionately inferior product or service, the city may propose a contract award to the low City of Xenia or Xenia Township bid at the bid price quoted.
   (d)   Where the city determines that it is not appropriate to award the contract to a City of Xenia or Xenia Township bidder, the city may proceed to conduct its normal bid evaluation procedures and award the bid to the lowest and best bidder.
   (e)   The provisions of this section do not apply to the following contracts or situations:
      (1)   State and federally funded projects where prohibited by state or federal law, regulations, or rules;
      (2)   Emergency procurement situations;
      (3)   Direct awards;
      (4)   Sole source purchases;
      (5)   Purchases made through state of Ohio contracts or through contracts held by another political subdivision of the state of Ohio;
      (6)   Requests for proposals or requests for qualifications.
(Ord. 12-36, passed 7-26-2012)