Local Bidder Preference Policy
In any Town public works contract which is subject to public bidding requirements under local or state law, a qualified local contractor shall receive in the evaluation of bids a 5% local contractors preference if consistent with the provisions of this resolution. Said preference shall be calculated by reducing the portion of a bid that is proposed to be expended on qualified local contractors by 5% for low bid comparison purposes.
For purposes of this resolution and local preference program implementation, a qualified local contractor shall be defined as a contractor holding all licenses required to construct their respective portion of the public works project, and had in the prior calendar year, forty (40%) of total wages paid to employees or owners whose mailing address is in the 96160, 96161, or 96162 zip codes.
For projects that contain a prime (or general) contractor and one or more subcontractors, only the portions of the project that are to be completed by the locally qualified prime contractor or subcontractors shall be eligible for the local preference. Any portion of a bid which is not to be performed by local contractors or subcontractors will not be eligible for the preference. For bid proposals in which a joint venture (JV) is formed between one or more locally certified contractor(s) and one or more non-locally certified contractor(s), only the portions of the work to be performed by the locally certified contractor(s) portion(s) of the joint venture shall be eligible for the local contractor preference. This same rationale shall be applied to limited liability corporations, limited liability partnerships, and other corporate entities that may be formed for the purposes of bidding on a Town public works project.
To be eligible for the local preference, a local contractor must complete and sign attached Exhibit A: “Town of Truckee Application for Local Contractor Preference”, which contains the licensee’s name, physical address, mailing address, license information, telephone, fax, and e-mail. To be eligible for the local preference, the contractor, and contractor’s accountant or enrolled agent must also complete and sign attached Exhibit B: “Affidavit of Contractor and Certified Public Accountant or Enrolled Agent” certifying that in the prior calendar year a minimum of 40% of the licensee’s payroll was paid to employees whose mailing address was in the 96160, 96161, or 96162 zip codes.
The bidder’s preference shall be valid for contractors who were certified as qualified local contractors for the calendar year prior to the calendar year that a project bid opening occurs unless the bid opening occurs during the months of January or February in which case the preference shall be applied if the contractor was certified in either of the two calendar years prior to the calendar year of the bid opening.
Exhibits A and B shall be completed and submitted as a part of the bid package at the date and time of bid opening. A photocopy of the original Exhibits is acceptable at the date and time of bid opening. One set of forms is required for each contractor or subcontractor for which a local preference is being claimed on the respective project bid. Should said forms not be submitted or be deemed incomplete by the Town Clerk, any local preference credit claimed for the contractors failing to submit said forms or not properly completing said forms will be disqualified for purposes of determining the low bid.
For any bid submittal in which a local contractors preference affects the determination of low bid amount, it shall be the low bidders responsibility, within three (3) business days of the date and time of the bid submittal, to provide original copies of Exhibits A and B to the Town Clerk. Within the same three business days of the date and time of bid opening for any bid submittal where a local contractors preference affects the determination of low bid, it shall be the low bidders responsibility to cause to be filled out and submitted attached Exhibits C and Exhibit D which provide a listing of the contractors and subcontractors for whom the local preference is being claimed along with the dollar value of work and materials proposed to be provided by each local contractor or subcontractor for which the preference is being claimed. Failure to submit the above documents within 3 business days of the date and time of bid opening will negate the application of local preference of those portions of the bid for which local preference is claimed but for which the relevant Exhibits are not provided and fully completed.
The Public Works Director/Town Engineer will have the authority to clarify the policy through the creation of construction specifications for individual projects, should such clarification become necessary to avoid a project delay or bidding dispute. The Town Clerk will have authority to make modifications to clarify or update the Exhibits attached to this resolution.
There will be no fee charged by the Town for the program authorized by this resolution.
For more information please contact Brianna Cannon, Records Technician, by e-mail or phone 530-582-2478.