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Local Vendor Preference

SECTION: 2700 Purchasing & Support Services (Purchasing)
ISSUED: August 14, 1990                  

REVISED: February 08, 2018 
SUB-SECTION: 2735 Local Vendor Preference
                               
REVIEWED: November 2017


POLICY
2735.1 Local Vendor Preference

  1. General:

    The Local Vendor Preference is a component of the County's procurement process used in the acquisition of services, supplies, materials, and/or equipment for the County through the use of competitive bids.
  2. The purpose of the program is to:
    1. Promote business with local vendors.
    2. Provide local business with increased access to County business

RESPONSIBILITIES & PROCEDURES
2735.3 General Guidelines

  1. Whenever the Purchasing Agent purchases services, supplies, materials, and/or equipment for the County through the use of competitive bids, the purchasing agent evaluating the price for such services, supplies, materials and/or equipment shall grant a five percent (5%) evaluation preference to local vendors.
    1. If the low bid is not a local vendor, any responsive local vendor who submitted a bid that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid.
    2. In the case of ties, the award will be made to the local vendor.
  2. The Local Vendor Preference will not apply to bids conducted jointly with other public agencies, nor when prohibited by state or federal statutes or regulations or otherwise exempted from local preferences.
  3. For the purposes of this section a "local vendor" shall mean any business which:
    1. Has a fixed office or distribution point located in and having a street address within the County for at least one year. Post Office Box addresses do no qualify a business as a "local vendor."
    2. Has a current business license issued by the County or a city in the County.
    3. Employs at least one (1) full time or two (2) part time employees whose primary residence is located within San Joaquin County.

2735.5 Procedures

  1. Vendors claiming a preference under this policy will be required to so certify, in writing, to the Purchasing Agent with each bid submission. The Purchasing Agent shall not be required to verify the accuracy of any such certification and shall have sole discretion to determine if a vendor meets the definition of a "local vendor."
  2. When bid submissions are evaluated, those bids received from local vendors shall be given a five percent (5%) preference.
  3. If the low bid is not a local vendor, any responsive local vendor who submitted a bid that was within 5% percent of the lowest bid has the option to submit a new bid. The local vendor will be awarded if the new bid is in an amount less than or equal to the lowest responsive bid.
  4. In the case of an absolute tie, i.e. price, quality, delivery and all other factors, an award will be made to the local vendor. In the case of ties between local vendors, the award will be determined by lot.
  5. Any person or business falsely claiming a preference under this section shall be ineligible to bid on any County purchases or contracts for a period of one (1) year. The Purchasing Agent shall have the right to terminate all or any part of any contract entered into with such person or business.




Purchasing & Support Services

44 North San Joaquin Street
Fifth Floor Suite 540
Stockton, CA 95202
Phone: (209) 468-3240
Fax: (209) 468-3393