Contracts that only involve the purchase of equipment, materials or supplies shall be awarded in accordance with the following preferences.
(a) Buy America, Buy Ohio, Buy Muskingum County.
(1) Bids will first be evaluated to determine that a bidder’s offering is for a domestic source end product as defined at 41 C.F.R. Section 1-6-101(d). Information furnished by the bidder pursuant to Section 189.04(b)(1) shall be relied upon in making this determination. Any bidder’s offering that does not offer a domestic source end product shall be rejected, except where the contracting authority determines that certain articles, materials and supplies are not mined, produced or manufactured in the U.S. in sufficient and reasonably available commercial quantities and of a satisfactory quality.
(2) Following the determination as to domestic source end products, remaining bids and proposals shall be evaluated in accordance with subsections (b) and (c) hereof so as to give preference to Muskingum County bids or Ohio bids or bidders who are located in a border state, provided that the border state imposes no greater restrictions than contained in this system of preferences.
(b) Buy Muskingum County Compliance.
(1) Where the preliminary analysis of bids identifies the apparent low bid as a Muskingum County bid, the City shall proceed with its standard contract award practices and procedures.
(2) Where the preliminary analysis identifies the apparent low bid as one other than a Muskingum County bid, the City shall consider the following factors:
A. Whether the goods or services can be procured in-County in sufficient and reasonably available quantities and of a satisfactory quality;
B. Whether a Muskingum County bid has been submitted;
C. Whether the lowest Muskingum County bid, if any, offers a price to the City deemed to be an excessive price. An “excessive price” shall be a price that exceeds by more than five percent (5%) the lowest non-Muskingum County bid submitted;
D. Whether the lowest Muskingum County bid, if any, offers a disproportionately inferior product or service.
(3) Where the City determines that selection of the lowest Muskingum County bid, if any, will not result in an excessive price or disproportionately inferior product or service, the City shall propose a contract award to the low Muskingum County bid at the bid price quoted.
(4) Where the City determines that it is not appropriate to award the contract to a Muskingum County bidder, the City shall proceed with the determination set forth in subsection (c) hereof.
(c) Buy Ohio Compliance.
(1) Where the preliminary analysis of bids identifies the apparent low bid as an Ohio bid or a bid from a border state, the City shall proceed with its standard contract award practices and procedures.
(2) Where the preliminary analysis identifies the apparent low bid as one other than an Ohio bid or bid from a border state, the City shall consider the following factors:
A. Whether the goods or services can be procured in-State in sufficient and reasonably available quantities and of a satisfactory quality;
B. Whether an Ohio bid has been submitted;
C. Whether the lowest Ohio bid, if any, offers a price to the City deemed to be an excessive price. An “excessive price” shall be a price that exceeds by more than five percent (5%) the lowest non- Ohio bid submitted;
D. Whether the lowest Ohio bid, if any, offers a disproportionately inferior product or service.
(3) Where the City determines that selection of the lowest Ohio bid, if any, will not result in an excessive price or disproportionately inferior product of services, the City shall propose a contract award to the low Ohio bid at the bid price quoted. (Ord. 08-44(A). Passed 6-9-08.)