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Local Purchasing Preferences - Albuquerque, NM
Albuquerque City Code:
5-5-17 RESIDENT AND LOCAL PREFERENCES.
(A)Definitions.
(1)For the purposes of this section, the terms RESIDENT, BUSINESS and RESIDENT MANUFACTURER shall be defined as set out in Section 13-1-21 NMSA 1978; the term LOCAL as applied to a business or manufacturer shall mean that it maintains a place of business in the Albuquerque Metropolitan Area (the AREA), and that:
(a)Ten or more of its employees are residents of the area or 25% or more of its employees are residents of the area whichever is greater; or
(b)If a corporation, a majority of its outstanding shares are beneficially owned by individuals who are residents of the area; or
(c)If a partnership, its partners owning a majority beneficial interest in the partnership are residents of the area; or
(d)If an individual or a sole proprietor, he or she is a resident of the area.
(2)The PREFERENCE FACTOR for resident and local preferences applied to bids shall be .95 and for proposals it shall be 1.05.
(B) Bids for Goods and Services. When bids for the purchase of goods or services pursuant to § 5-5-10(C), are received, the lowest responsive offer received from those offerors in the first category listed below shall be multiplied by the Preference Factor. If the resulting price of that offer receiving the preference is lower than or equal to the lowest offer of all offers received, the contract shall be awarded to that offeror receiving the preference. If no offers are received from offerors in the first category, or if the offer receiving the preference does not qualify for an award after multiplication by the Preference Factor, the same procedure shall be followed with respect to the next category of offerors listed, and the next, until an offer qualifies for award. The priority of categories of offerors is:
(1)Local manufacturer.
(2)Local business.
(3)Resident manufacturer.
(4)Resident business.
(C)Proposals for Goods and Services. When proposals for the purchase of goods or services pursuant to §5-5-10(E) are received, the evaluation score of the proposal receiving the highest score of all proposals from those offerors in the first category listed above shall be multiplied by the Preference Factor. Principal offeror shall be defined as assuming a leading management role in the contract and by retaining at least 25% of dollar value of the professional/technical/management cost of the contract.
If the resulting score of that offer receiving the preference is higher than or equal to the highest score of all offers received, the recommendation of award shall be made to that offer or receiving the preference. If no offers are received from offerors in the first category, or if the offer receiving the preference does not qualify for an award after multiplication by the Preference Factor, the same procedure shall be followed with respect to the next category of offerors listed, and the next, until an offer qualifies for award. The priority of categories of offerors is the same as listed above in division (B) of this section.
(D) Bids for Construction. The resident and local preference specified in this article shall not be applied to bids for construction.
(E)Proposals for Construction. The resident and local preference specified in this article shall not be applied to proposals for construction.
(F) Qualification for Resident Preference. No resident business or manufacturer, as defined, shall be given any preference in the awarding of contracts for furnishing goods or services to the city, unless it shall have qualified with the State Purchasing Agent as a resident business or manufacturer and obtained a certification number as provided in § 13-1-22 NMSA 1978. The certification number must be submit-ted with its bid for an offeror to qualify for this preference. The Central Purchasing Office shall deter-mine if a resident manufacturer preference is appli-cable to a particular offer on a case by case basis.
(G) Qualification for Local Preference. The Central Purchasing Office shall prepare a form to be completed by all offerors who qualify for as a local business or manufacturer. The completed form with the information certified by the offeror must be submitted by the offeror with its bid or proposal for an offeror to qualify for this preference.
(H) Limitations. No offeror shall receive more than a 5% preference pursuant to this section on any one offer submitted. Only the principal offeror or one of the principal offerors, not a subcontractor, may qualify an offer for the preference.
(I) Application. This section shall not apply to any purchase of goods or services in excess of $5,000,000, or when the expenditure of federal funds designated for a specific purchase is involved.
('74 Code, § 5-7-17) (Ord. 6-1991; Am. Ord. 30-1998) Penalty, see § 1-1-99
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