§ 2-139. Local preference.

It shall be the policy of the town to afford local preference to town entities first, then to the county entities in the execution of this article. This local preference policy shall be implemented in the following manner:

(1)

When written quotations less than $10,000.00 are received by the town, and the lowest bid is offered by an entity based outside of the county, and the next lowest bid is offered by a town entity which is within five percent of the lowest bid submitted, the town entity shall be given the opportunity to match the lowest bid, and if agreement to match the lowest bid is reached, the town entity shall be awarded the bid which is within five percent of the absolute lowest bid, if the bid of the town is otherwise fully qualified and meets all of the town's requirements. In the absence of a qualified and acceptable bid from a town entity, and the next lowest bid from the absolute lowest bid is submitted by a county entity which is within five percent of the absolute lowest bid submitted, then the county entity shall be given the opportunity to match the absolute lowest bid, and if agreement to match the absolute lowest bid is reached, and the county entity's bid is otherwise fully qualified and meets all of the town's requirements, and the bid has not been otherwise awarded to the town entity as hereinabove provided, the bid shall be awarded to the county entity.

(2)

When sealed bids are received that are more than $10,000.00 but do not exceed $3,000,000.00, and the lowest bid is offered by an entity based outside of the county, and the next lowest bid is offered by a town entity which is within two percent of the lowest bid submitted, the town entity shall be given the opportunity to match the lowest bid, and if agreement to match the lowest bid is reached, the town entity shall be awarded the bid if the town entity's bid is otherwise fully qualified and meets all of the town's requirements. In the absence of a qualified and acceptable bid from a town entity, and the next lowest bid from the absolute lowest bid is submitted by a county entity which is within two percent of the absolute lowest bid submitted, then the county entity shall be given the opportunity to match the absolute lowest bid, and if agreement to match the absolute lowest bid is reached, and the county entity's bid is otherwise fully qualified and meets all of the town's requirements, and the bid has not been otherwise awarded to the town entity as hereinabove provided, the bid shall be awarded to the county entity.

(3)

When sealed bids are received that are more than $3,000,000.00 but do not exceed $5,000,000.00 and the lowest bid is offered by an entity based outside of the county, and the next lowest bid is offered by a town entity which is within one percent of the lowest bid submitted, the town entity shall be given the opportunity to match the lowest bid, and if agreement to match the lowest bid is reached, the town entity shall be awarded the bid which is within one percent of the absolute lowest bid if the bid of the town is otherwise fully qualified and meets all of the town's requirements. In the absence of a qualified and acceptable bid from a town entity, and the next lowest bid from the absolute lowest bid is submitted by a county entity which is within one percent of the absolute lowest bid submitted, then the county entity shall be given the opportunity to match the absolute lowest bid, and if agreement to match the absolute lowest bid is reached, and the county entity's bid is otherwise fully qualified and meets all of the town's requirements, and the bid has not been otherwise awarded to the town entity as hereinabove provided, the bid shall be awarded to the county entity.

(4)

When sealed bids are received that are greater than $5,000,000.00 and the lowest bid is offered by an entity based outside of the county, and the next lowest bid is offered by a town entity which is within 0.5 percent of the lowest bid submitted, the town entity shall be given the opportunity to match the lowest bid, and if agreement to match the lowest bid is reached, the town entity shall be awarded the bid which is within 0.5 percent of the absolute lowest bid if the bid of the town is otherwise fully qualified and meets all of the town's requirements. In the absence of a qualified and acceptable bid from a town entity, and the next lowest bid from the absolute lowest bid is submitted by a county entity which is within 0.5 percent of the absolute lowest bid submitted, then the county entity shall be given the opportunity to match the absolute lowest bid, and if agreement to match the absolute lowest bid is reached, and the county entity's bid is otherwise fully qualified and meets all of the town's requirements, and the bid has not been otherwise awarded to the town entity as hereinabove provided, the bid shall be awarded to the county entity.

(5)

For purposes of this provision, the term "town entity" means any business having its principal or significant place of business within the boundaries of the town at which the principal or key employees are located and from which the service in question is conducted. For purposes of this provision, the term "county entity" means any business having its principal, or significant, place of business within the boundaries of the county at which the principal or key employees are located and from which the service in question is conducted.

(6)

If a contract is being funded in whole or in part by assistance of any federal, state or local agency which disallows local preference, the town will adhere to those requirements by not applying this section.

(Ord. No. 2009-04, § 3, 3-9-2009)