[RPPTL-constructionlaw] Local preference ordinances

[Thomas M Dillon]

Here is what the authors said in Florida Construction Law and Practice,
Sixth Edition, 2011, at § 7.22:

 

3.            [§7.22]  Local Preference

A statute, rule, or ordinance giving preference to local bidders is
permissible, City of Port Orange v. Leechase Corp., 430 So.2d 534 (Fla. 5th
DCA 1983), but evaluators who give a preference to local bidders without
legislative authority do so at their peril, Adolphus v. Baskin, 95 Fla. 603,
116 So. 225 (1928); Marriott Corp. v. Metropolitan Dade County, 383 So.2d
662 (Fla. 3d DCA 1980). The executive-legislative distinction recognized in
City of Port Orange is yet another reason to include standard evaluation
criteria in a rule or ordinance. Only when local preference has been
established by a legislative enactment are evaluators authorized to apply
that criterion. Consequently, not all evaluation criteria are created equal.
Of course, it is best when the criteria are restated in the bid documents
and the rule or ordinance is incorporated by reference. See also Att’y Gen.
Op. 01-65 (school board may adopt policy for awarding purchasing and
professional services contracts that gives preference to businesses located
within county, to extent that such policy does not conflict with statutorily
prescribed preferences). 

 

There is also a prohibition of local preferences in federally-funded
projects.  See, e.g. 40 CFR § 31.36, incorporated by reference in Section
62-503(6), FAC.

 

Thomas M Dillon PA

Board Certified in Construction Law

PO Box 370736

Key Largo, Florida 33037

Phone: 305-240-1767

Fax: 305-723-6333

 

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Richard
A. Burt
Sent: Monday, January 30, 2012 10:58 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Local preference ordinances

 

My client has asked this question:  “Have you seen or heard about possible
state legislation that would make local contractor preference on bids
illegal?”

 

Fred (or anyone else), can you provide an answer?  What is the current
status of the law regarding local preference ordinances?  Any pending
legislation regarding these ordinances?

 

Thanks.

 

 

Richard A. Burt, Esq.

BURT & BURT

220 So. Ridgewood Avenue 

Suite 200 

Daytona Beach, Florida 32114

(386) 252-2090 (office)

(866) 240-7043 (facsimile) 

dick at burt-burt.com

www.burt-burt.com

 

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