§ 1108-2.407. Procedure—Local bid preference.

(a)

Except as otherwise provided in this section, whenever the purchasing agent purchases supplies, materials and/or equipment in an amount in excess of twenty-five thousand dollars for the county through the use of competitive bids, the purchasing agent in evaluating the bid or price for such supplies, materials and/or equipment will determine if the lowest responsible vendor is a local vendor as defined in this section and, if so, the contract will be awarded to the local vendor. If the low bid is not a local vendor, any responsive local vendor who submitted a bid which was within five percent of the lowest responsive bid as determined by the purchasing agent will have the option of submitting a new bid within forty-eight hours (not including weekends or holidays) of the county's delivery of notification. Such new bids must be in an amount less than or equal to the lowest responsive bid as determined by the purchasing agent. If the purchasing agent receives any new bids from local vendors, the purchasing agent will award the contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the contract will be awarded to the original low bidder as announced by the purchasing agent.

(b)

For purposes of this procedure, a local vendor means any person or business which:

(1)

Has its principal place of business located in Contra Costa County for at least six months immediately prior to the issuance of the request for competitive bids by the purchasing agent; and

(2)

Has a business license, if required, issued by Contra Costa County or a jurisdiction located in Contra Costa County.

(c)

Any vendor claiming to be a local vendor as defined above, must submit with its bid a statement containing relevant information which demonstrates its status as a local vendor. This statement shall be on a form available from the county purchasing agent and must be signed under penalty of perjury. The purchasing agent shall not be required to verify the accuracy of any such statements, and shall have sole discretion to determine if a vendor meets the definition of a local vendor.

(d)

Any person or business falsely claiming to be a local vendor under this section will be ineligible to conduct business with Contra Costa County for a period of not less than three months and not more than twenty-four months as determined in the sole discretion of the purchasing agent. The purchasing agent also has the right to terminate all or part of any contract entered into with such person or business.

(e)

This section shall not apply to contracts required by state or federal statutes or regulations to be awarded to the lowest responsible bidder, contracts funded in whole or part by the federal government, or contracts otherwise exempted from local preference.

(Ord. 2005-29 § 2).