§ 102-377. Local preference in contracting.

Except as may otherwise be required by applicable state or federal law, in the contracting for goods and services of all kinds and description, when such goods or services are to be obtained, whether through an invitation for bids or a request for competitive sealed proposals, local preference shall be given to businesses having a business location within the geographic boundaries of Fulton County.

(1)

The term business location means that the business has a staffed, fixed, physical place of business located within Fulton County and has had the same for at least one year prior to the date of the business' submission of its proposal or bid, as applicable and has held a valid business license from Fulton County or a county located within Fulton County for the business at a fixed, physical, place of business, for at least one year prior to the date of the business' submission of its proposal or bid as applicable.

(2)

Whenever goods or services of any kind or description are to be obtained through the solicitation of competitive sealed proposals, local preference shall be included as an evaluation criterion to be considered by the vendor selection committee. In this regard, five percent of the total points available to each proposer shall be awarded on the basis of whether the proposer meets one of the following criteria, provide supporting documentation as required and certify under oath that it is eligible to receive the local preference points:

a.

Business having a business location within the geographic boundaries of Fulton County.

b.

Businesses where at least 51 percent of the owners of the business are residents of Fulton County but the business is located outside of Fulton County.

c.

Businesses where at least 51 percent of the employees of the business are residents of Fulton County but the business is located outside of Fulton County.

Proposers having a business location within Fulton County shall be entitled to and shall receive the local preference points provided for in this section.

(3)

Whenever a proposal or bid is submitted by a partnership or joint venture, the local preference provided for in this section shall be awarded if the proposer or bidder, or any member of the proposer or bidder, defined as a business that is a signatory to the partnership or joint venture agreement, has a business location within Fulton County. No local preference shall be given on the basis of the business location of any other affiliated business, subcontractor, or consultant.

(4)

In the event the affidavit or other declaration under oath is determined to be false, such business shall be deemed "nonresponsive" and shall not be considered for award of the applicable contract.

(Res. No. 13-0052, 1-23-13)

Note— Formerly Code, Pt. II, § 102-358.