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SECTION 00250 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Effective August 1 , 2009 , Indian River County adopted a local preference ordinance , Ordinance No . 2009 - 010 as set forth below : Section 105 . 041 LOCAL PREFERENCE IN PURCHASING OR CONTRACTING A . DEFINITIONS ( 1 ) " Local business " shall mean a business that meets all of the following criteria : (a ) Has had a staffed and fixed office or distribution point , with a verifiable street address , located within Brevard ; Indian River; Martin ; Okeechobee ; Osceola ; or St . Lucie County for at least one ( 1 ) full calendar year immediately prior to the issuance of the request for competitive bids or request for proposals by the County . Post office boxes shall not be used or considered for the purpose of establishing a physical address ; and ( b ) Has had , for at least 12 months prior to the date of the advertisement for the particular good or service being solicited , a current " Local Business Tax Receipt" issued by Brevard ; Indian River ; Martin ; Okeechobee ; Osceola ; or St . Lucie County , if applicable ; and and ( c ) Holds any license or competency card required by Indian River County ; if applicable ( d ) if the contract is awarded , will be the person or entity in direct privity of contract with Indian River County and not as subcontractor, or any lower-tier subcontractor, materialman , or supplier. ( 2 ) " Non - local business " means a bidder that is not a local business , as defined herein . B . CERTIFICATION . Any person or entity claiming to be a local business , as defined herein , and desiring to receive local preference , shall complete and submit , together with all required attachments , a " Local Business Certification Form " in the form provided by the County and contained within the bid package accompanying a public notice/advertisement . Any bidder who fails to complete , and submit the " Local Business Certification Form " together with all required attachments with their bid shall not be granted local preference consideration for the purposes of that specific contract award . The Purchasing Division shall determine if a person or entity meets the definition of a " local business . " C . LOCAL PREFERENCE IN PURCHASES BY MEANS OF COMPETITIVE BID . In connection with any solicitation to which this Ordinance applies , Indian River County will give preference to local businesses in the following manner: 1 . When a qualified and responsive , non - local business submits the lowest price bid ( herein , "Apparent Low Bidder" ) , and the bid submitted by one or more qualified and responsive local businesses is equal to or within five percent ( 5 % ) of the price submitted by the Apparent Low Bidder, then the local business with the apparent next- lowest qualified and responsive bid offer ( herein , the " Lowest Local Bidder" ) shall have the opportunity to submit an offer to match the price ( s ) offered by the Apparent Low Bidder as follows : (a ) the Purchasing Division shall invite , in writing , by e - mail , fax , or certified mail , the Lowest Local Bidder to submit a written matching offer to the Purchasing Division ( herein " Invitation " ) ; ( b ) the Lowest Local Bidder may , but shall not be obligated to , submit a written matching offer to the Purchasing Division within five ( 5 ) business days after receipt of the Invitation ; 00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009 . doc 00250 - 1 F :\Engineering\Capital Projects\0107-53rd St , 58th Ave-US #1 \Contract Documents\00250 - LOCAL PREFERENCE IN PURCHASING OR CONTRACTING Bid text2009. doc