You are here: Home > Title 5: Contracts and Purchasing > Chapter 502: Cuyahoga County Based Business Preference Program

Chapter 502: Cuyahoga County Based Business Preference Program

Section 502.01 Program

There is hereby created a Cuyahoga County Based Business (CCBB) Preference Program. 

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012) 

Section 502.02 Definitions

For purposes of Chapter 502 of the Cuyahoga County Code, a Cuyahoga County Based Business means:  
  1. an individual, domestic corporation, sole proprietorship, partnership, or joint venture whose principal place of business has been located in Cuyahoga County for at least three (3) years as registered in official documents filed with the Secretary of State of Ohio or the Cuyahoga County Fiscal Office. If one party to a joint venture has its principal place of business in Cuyahoga County, the joint venture shall be considered as having its principal place of business in Cuyahoga County; or  
  2. a business organization with a “significant economic presence” in Cuyahoga County.  For purposes of this Chapter, “significant economic presence” means a business organization that has for at least three years  
    1. Had a sales office, division, sales outlet or manufacturing facility in Cuyahoga County; and
    2. Pays required taxes to Cuyahoga County; and
    3. Has an annual gross payroll in Cuyahoga County of at least $100,000.00.  

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.03 Match-Price Preference Option for Cuyahoga County Based Business

Unless otherwise prohibited by state, federal or local law, or condition of said funding, when the County has solicited bids and is determining the lowest price or the lowest evaluated price for purposes of awarding a purchase, agreement or a contract, and the lowest price or lowest evaluated price is submitted by a non-Cuyahoga County business, a Cuyahoga County Based Business whose bid is within two (2) percent of the lowest bid submitted by a non-Cuyahoga County Based Business bidder shall be given the option to match the lowest bid.  The option to match shall remain open for five (5) business days.  If there are more than one bid from a Cuyahoga County Based Business within the two (2) percent, the opportunity to match shall go to the lower priced bid by the Cuyahoga County Based Business. If there are more than one bid from a Cuyahoga County Based Business within the two (2) percent that are equal in price, the County shall allow all bidders to provide a new bid price within two (2) business days, and the evaluation will proceed based on the new pricing.  

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.04 SBE Certification and CCBB Qualification

When a business has been certified as a county SBE, and provided it meets the other definitional requirements of Section 502.02, the business may qualify as a CCBB after at least one (1) year of continuous operation in Cuyahoga County, rather than the three (3) years required in Section 502.02.    

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.05 One Preference to Apply

If a business qualifies for both the SBE preference and the County Based Business Preference on a particular purchase, contract or agreement, only the larger preference shall apply. 

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012) 

Section 502.06 Application

The Cuyahoga County Based Business Preference Program applies solely to an entity with which the County is directly entering into a purchase, agreement, or contract, and not to subcontractors. 

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012) 

Section 502.07 Cuyahoga County Based Business Form

  1. The Office of Procurement and Diversity is directed to create a Cuyahoga County Based Business form, which shall be submitted by any entity desiring to participate in the Cuyahoga County Based Business Preference Program.
  2. Any entity desiring to participate in the Cuyahoga County Based Business Preference Program must submit, with and at the time of the bid, proposal or qualifications, a completed, signed and notarized Cuyahoga County Based Business form.

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.08 Verification of Information and Denial of Designation

The Director of the Office of Procurement and Diversity is hereby authorized to investigate and verify any information submitted with the Cuyahoga County Based Business form and may reject the designation of a Cuyahoga County Based Business if he or she believes the information on the form is inaccurate or the entity is ineligible to be designated as a Cuyahoga County Based Business. The Director of the Office of Procurement and Diversity may request additional information prior to approving or rejecting the designation of a Cuyahoga County Based Business.  

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.09 Appeal of Denial of Designation

If a designation of a Cuyahoga County Based Business is denied by the Director of the Office of Procurement and Diversity, the entity may submit a written complaint or appeal to the Director of the Office of Procurement and Diversity who shall notify the SBE Grievance Hearing Board. The written complaint or appeal by the entity shall be made within five (5) days to the Director of the Office of Procurement and Diversity upon receipt of the Director of the Office of Procurement and Diversity’s decision. The SBE Grievance Hearing Board shall make every effort to hold the hearing no more than twenty (20) days from the date of receipt of the written compliant or appeal from the entity.

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.10 Effect of Denial of Designation

If a designation of a Cuyahoga County Based Business is denied by the Director of the Office of Procurement and Diversity and/or the SBE Grievance Hearing Board, the entity cannot reapply for designation as a Cuyahoga County Based Business for a period of one (1) year from the date of the notice of denial.

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.11 Waiver

The County may choose not to apply the County based Business Program to any particular purchase, agreement or contract by a Resolution of Council enacted prior to the beginning of the purchase process, or issuance of the RFQ, RFP, or bid package.

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)

Section 502.12 Biennial Review

The Office of Procurement and Diversity shall conduct a biennial review of the economic and budgetary impacts of the Cuyahoga County Based Business Program and shall submit the results to Council during the biennial budget process beginning in 2013.                                      

(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)