§ 329.212. Local preference for construction contracts.

The award of construction service contracts shall comply with this section. Invitations for bids must notify potential bidders of these provisions and state that submission of a bid constitutes acknowledgement and acceptance of these provisions.

(a)

If the lowest, responsive, responsible bid is not from a local bidder, and one (1) or more responsive, responsible bids submitted by local bidders are within one (1) percent of that non-local bid, the following shall apply:

(1)

The contracting agency shall notify, in writing, any local bidders within one (1) percent of the non-local bid that they may be awarded the contract if they meet the lowest bid price, and shall provide a copy of this notification, in writing, to the non-local bidder who submitted the lowest, responsive, responsible bid.

(2)

The notified local bidder(s) shall have two (2) business days from the date of notification to inform the city in writing if they agree to meet the lowest bid price and to provide a revised bid to demonstrate the same.

(3)

If one (1) notified local bidder agrees to meet the lowest price and the city is satisfied that the revised bid is the lowest, responsive, responsible, and best, the city shall award the contract to that local bidder.

(4)

If two (2) or more notified local bidders agree to meet the lowest bid price and the city is satisfied that one (1) or more of the revised bids is the lowest, responsive, responsible, and best, the city shall award the contract to such local bidder with the lowest original bid.

(5)

If no notified local bidder agrees to meet the lowest price or if the city is not satisfied that any notified local bidder's revised bid is the lowest, responsive, responsible, and best, the city shall award the contract to the bidder with the lowest, responsive, responsible and best bid.

(6)

Submission of a revised bid does not constitute a tie bid for the purposes of subsection (b).

(b)

A tie bid shall be broken as follows:

(1)

If a local bidder and a non-local bidder submit lowest, responsive, responsible, and best bids with the same bid price, such tie bid shall be award to the local bidder.

(2)

If two (2) or more local bidders submit lowest, responsive, responsible, and best bids with the same bid price, such tie bid shall be awarded to a local bidder by chance using the process established in writing by the finance and management director or designee.

(3)

In all other cases where two (2) or more bidders submit lowest, responsive, responsible, and best bids with the same bid price, such tie bid shall be awarded by chance using the process established in writing by the finance and management director or designee.

(c)

The provisions of this section shall not apply to joint ventures unless all members of the joint venture are local businesses, as defined in Section 329.01.

(Ord. No. 3062-2014, § 3, 12-15-2014; Ord. No. 3023-2017 , § 1(Att.), 12-11-2017)