Local Business Preference
To formalize its support of local businesses, the City added a local business preference amendment to the procurement code. Here's what Tamarac vendors need to know about these changes.
What does the local business preference amendment do?
The local business preference amendment gives Tamarac-based businesses a 5% evaluation credit and Broward County certified small businesses a 2.5% evaluation credit when the City is selecting vendors through competitive sealed bids.
In addition, when selecting vendors using requests for proposals (a process that considers factors other than price), the City will add a criterion that gives credits to local Tamarac vendors and Broward County Certified Small Businesses.
What is a Local Tamarac Vendor?
A local Tamarac vendor is a business entity which has maintained a permanent place of business with full-time employees within the city limits for a minimum of one year prior to the date of issuance of a bid or proposal solicitation. The permanent place of business may not be a post office box.
The business must actually distribute goods or services from that location. In addition, it must have a current business tax receipt from the City of Tamarac.
What is a Broward County Certified Small Business?
Tamarac is offering a local preference to small businesses in Broward that are certified as a County Business Enterprise (CBE) or Small Business Enterprise (SBE) by the Broward County Office of Economic and Small Business Development (OESBD). Interested vendors may obtain more information at http://www.broward.org/EconDev/Pages/localcertificationprograms.aspx.
Only CBE or SBE certified firms will be eligible for consideration for the Broward County Certified Small Business preference.
How does the local business preference work?
Competitive Sealed Bid Process
A local Tamarac vendor is eligible to submit a new bid when the lowest bid was from a non-local vendor and its bid was no more than 5% higher. It can receive the bid award if it offers a revised bid price at least 1% lower than that offered by the non-local vendor.
Similarly, a Broward County certified small business can rebid when its bid is no more than 2.5% higher than that of the lowest bid if the lowest bid was from a non-local vendor. It can receive the bid award if it offers a revised bid price at least 1% lower than the previous lowest bid.
Note: If the bids of multiple local Tamarac vendors fall within 5% of a non-local vendor, they will all have the opportunity to submit a best and final offer (BAFO), and the firm which provides the best pricing at least 1% below the price of the non-local vendor will win the award.
If no local Tamarac vendor can beat the lowest price by at least 1%, then the process will be repeated for any Broward County certified small business.
Requests for Proposals
When using requests for proposals to select vendors, the City will include criterion in the proposal which will provide for a similar advantage to local Tamarac vendors and Broward County certified small businesses.
No local vendor preference will be available under the following conditions:
- For any competitive solicitation issued by the City as the lead agency for the Southeast Florida Governmental Purchasing Cooperative;
- When utilizing a State of Florida or other governmental agency contract;
- When State or Federal law prohibits the use of a local preference;
- When the work is funded in whole or in part by a governmental entity where the laws, rules, regulations or policies prohibit the use of a local preference;
- Sole source of single source purchases;
- When the local Tamarac vendor or the Broward County Certified Small Business is either non-responsive or non-responsible;
- When all bids submitted exceed the budget amount for the project: and
- Emergency purchases.
Additionally, the City Manager and/or City Commission may exempt any competitive solicitation from the local vendor preference requirement at any point prior to award of a contract by the City Commission. The City Manager and/or the City Commission, however, shall not exercise this exemption in an arbitrary or capricious manner.