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An Ordinance of the City Commission of Coral Gables amending the City Code, Chapter 2, entitled “Administration,” Article XIII entitled “Procurement Code” by adding a new Section 2-777, Procedure to provide a preference to Coral Gables-based vendors in contracts for goods and general services; providing for severability, repealer and effective date. (Passed on First Reading August 24, 2010)
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The proposed local preference policy would provide local businesses submitting bids on City contracts for goods and general services, which pay local taxes and have an investment in the community through a local office, a better opportunity to compete with out-of-town firms with potentially greater resources. The City will continue to get best value for goods and general services purchased, while giving local businesses an opportunity to obtain City contracts to further enhance their respective businesses thereby impacting positively the Coral Gables economy.
The proposed local preference policy has been developed after a review of local preference policies from Miami- Dade County and other cities, which included: Miami, Miami Beach, North Miami, North Miami Beach, Homestead, Aventura, Hollywood, Coral Springs, Gainesville and Tallahassee.
The proposed policy provides a local preference of 5% on bids for goods and general services. This preference provides an opportunity if a local bidder is within 5% of the bid to match the lowest responsive and responsible bidder’s bid. If lowest responsive responsible local bidder is unable to match the low bid, then the next local bidder within the 5% threshold will be asked to match the low bid.
The proposed local preference policy only applies to bids exceeding $50,000, and not requests for proposals, qualifications, quotes and information. The local preference policy does not apply to construction or professional services, cooperative purchasing agreements or when federal, state or county laws, regulations or policies prohibit such preferences. The local preference policy does not apply to contracts let under emergency or noncompetitive situations (sole source, or a special procurements/bid waiver), or for legal services. The local preference is not automatically given, it must be asserted by the local bidder under the policy. The local preference in no way prohibits the right of the Chief Procurement Officer, City Manager and/or the City Commission, when applicable, to compare the quality of goods or general services proposed for purchase and compare qualifications of all persons, firms or corporations submitting bids. The local preference also in no way prohibits the right of the City Manager and/or the City Commission, when applicable, from giving any other preference permitted by law instead of the local preference. The local preference for purchases or contracts in excess of $100,000 may be waived by the City Commission upon the recommendation of the City Manager, while the local preference on contracts falling in the range of $50,000 to $100,000 may be waived by the City Manager upon the recommendation of the Chief Procurement Officer.