Inyo County Municipal Code Ch. 6.06 Contracting Preferences

Businesses located in Inyo County contribute to the economic and social well-being of all the citizens of the county. Such businesses provide convenient services within the county and provide employment for county citizens. It is in the public interest to encourage a vibrant business environment in the county. Providing modest purchasing preferences for local businesses furthers the goal of building a healthy economy in the county. Further, providing contracting preferences for all small businesses levels the playing field between small businesses and larger ones, encourages a diverse business economy, and bolsters the health of our local economy given that many local businesses are also small businesses.

(Ord. 1285 § 2, 2022)

"Local business"

means a business which:

Has its headquarters, distribution point or locally-owned franchise located in the county for at least six months immediately prior to the issuance of the request for competitive bids by the county; and

Holds any required business license by a jurisdiction located in Inyo County; and

Employs at least one full-time or two part-time employees whose primary residence is located within Inyo County, or if the business has no employees, shall be at least fifty percent owned by one or more persons whose primary residence is located within Inyo County; and

Meets the conditions of subsections 1 through 3, but within Mono or Inyo Counties, if no Inyo County local business submits a bid that is within eight percent of the lowest bid submitted.

"Responsive bid"

means a bid which responds to the requirements of the request for bids and is submitted by a responsible bidder.

"Small business"

means a business which is certified by the state of California or the Small Business Administration as a small business.

(Ord. 1285 § 2, 2022)

For all contracts awarded by Inyo County, if the lowest responsive bid is submitted by a local business or a small business, that business shall be awarded the contract. If the lowest responsive bid is not submitted by a local business or a small business, the lowest responsive bid submitted by a local business that is within eight percent of the lowest responsive bid or by a small business that is within five percent of the lowest responsive bid shall be considered the low bid and that business shall be awarded the contract. To be eligible, a local business or a small business shall provide certification with its bid that it is such business as herein defined.

(Ord. 1285 § 2, 2022)

For all contracts awarded by Inyo County, there shall be a preference given to bids in which at least ten percent of the monetary value of the work to be performed is subcontracted to a small business or local business. If such bid is the lowest responsive bid, that contractor shall be awarded the contract. If such bid is not the lowest responsive bid, any such bid that is within five percent of the lowest responsive bid shall be considered the low bid, and that contractor shall be awarded the contract.

(Ord. 1285 § 2, 2022)

The contracting preferences outlined in Section 6.06.030 and 6.06.040 shall not apply in the following situations:

1. When, in the determination of county staff, the local or small business would provide a subpar product or service or is determined to not be a responsible bidder.

2. When the purchase is funded in whole or in part by outside funding sources that prohibit the application of a local business or small business preference.

3. When state or federal law prohibits the application of a local business or small business preference.

(Ord. 1285 § 2, 2022)