§ 17-335. Service-disabled veteran business program.

(a)

Short title. The provisions of this section shall be known as the "Service-Disabled Veteran Business Program Ordinance."

(b)

Intent. It is the intent of the board of county commissioners to rectify the economic disadvantage of service-disabled veterans, who are believed to be the least likely to be self-employed when compared to the veteran population as a whole and who have made extraordinary sacrifices on behalf of the nation, the state, Orange County, and the public, by providing opportunities for service-disabled veteran business enterprises as set forth in this section and in accordance with F.S. § 295.187.

(c)

Applicability. This ordinance shall apply to all county procurement matters in accordance with chapter 17, article III, of the Orange County Code.

(d)

Definitions. For the purpose of this section, the following terms shall be defined as:

(1)

Certified service-disabled veteran business enterprise means a business that has been certified by the State of Florida's Department of Management Services to be a service-disabled veteran business enterprise as defined in paragraph (4) below.

(2)

Orlando Metropolitan Statistical Area (MSA) means the geographical area utilized to measure the relevant marketplace disparity and which includes Lake, Orange, Osceola, and Seminole Counties.

(3)

Service-disabled veteran means a veteran who is a permanent Florida resident with a service-connected disability as determined by the United States Department of Veterans Affairs or who has been terminated from military service by reason of disability by the United States Department of Defense.

(4)

Service-disabled veteran business enterprise means an independently owned and operated business certified by the State of Florida that:

a.

Employs two hundred (200) or fewer permanent full-time employees;

b.

Together with its affiliates has a net worth of five million dollars ($5,000,000.00) or less or, if a sole proprietorship, has a net worth of five million dollars ($5,000,000.00) or less, including both personal and business investments;

c.

Is organized to engage in commercial transactions;

d.

Is domiciled in this state and located within the Orlando MSA;

e.

Is at least fifty-one (51) percent owned by one (1) or more service-disabled veterans; and

f.

The management and daily business operations of which are controlled by one (1) or more service-disabled veterans or, for a service-disabled veteran with a permanent and total disability, by the spouse or permanent caregiver of the veteran.

(e)

Registration.

(1)

Each service-disabled veteran business enterprise attempting to make use of the county's certified service-disabled veteran business enterprise program shall submit evidence of its certification with the State of Florida, in accordance with F.S. § 295.187, and such certification renewals to the business development division. Such evidence shall be current registration and certification with the state and shall be provided prior to the submittal of any bids or proposals.

(2)

Failure to obtain and maintain a valid state certification will result in the county's denial of such vendor preference until such time as evidence of the state certification or recertification may be established.

(f)

Vendor preference.

(1)

Preferences for certified service-disabled veteran business enterprises shall be applied as follows:

a.

On bid awards (sealed bids) the following bid preference scale shall apply to bids submitted by certified service-disabled veterans business enterprises as long as the bid does not exceed the low bid by more than:

1.

Eight (8) percent on contract awards up to one hundred thousand dollars ($100,000.00);

2.

Seven (7) percent on contract awards from one hundred thousand dollars ($100,000.00) to five hundred thousand dollars ($500,000.00);

3.

Six (6) percent on contract awards from five hundred thousand dollars and one cent ($500,000.01) to seven hundred fifty thousand dollars ($750,000.00);

4.

Five (5) percent on contract awards from seven hundred fifty thousand dollars and one cent ($750,000.01) to two million dollars ($2,000,000.00);

5.

Four (4) percent on contract awards from two million dollars and one cent ($2,000,000.01) to five million dollars ($5,000,000.00); or

6.

Three (3) percent on contract awards over five million dollars and one cent ($5,000,000.01).

Certified service-disabled veteran business enterprises may be awarded or recommended for award of contracts when their bids are within the above allowed percentage in comparison to the low responsive and responsible bid(s).

b.

On proposals in response to request for proposals, certified service-disabled veteran business enterprises will receive the following point allocation:

1.

Certified service-disabled veteran business enterprise proposers competing as a prime contractor shall receive five (5) points;

2.

Certified service-disabled veteran business enterprise proposers with certified service-disabled veteran business enterprise subconsultants on their team shall receive two (2) points for each subconsultant up to a maximum of ten (10) points;

3.

Proposers with certified service-disabled veteran business enterprise subconsultants on their team shall receive two (2) points for each subconsultant up to a maximum of ten (10) points.

(2)

When considering two (2) or more bids, proposals, or replies for the procurement of commodities or contractual services, where at least one (1) is from a certified service-disabled veteran business enterprise, but which are otherwise equal with respect to all relevant considerations, including price, quality, and service, the purchasing and contracts division manager shall award such procurement or contract to the certified service-disabled veteran business enterprise.

(3)

If a certified service-disabled veteran business enterprise, entitled to the vendor preference under this section, and one (1) or more other businesses also entitled to this preference, or another vendor preference provided by the Orange County Code, submit bids, proposals, or replies for procurement of commodities or contractual services which are otherwise equal with respect to all relevant considerations, including price, quality, and service, then the purchasing and contracts division manager shall award the procurement or contract to the business having the smallest net worth.

(g)

Reports. The business development division shall report annually to the board of county commissioners the utilization of certified service-disabled veteran business enterprises accessing the county's procurement services.

(h)

Rules, policies and procedures. The business development division and the purchasing and contracts division, as appropriate, may adopt rules, policies and procedures as necessary to implement this section which shall be presented and approved by the board of county commissioners.

(Ord. No. 2011-11 , § 2, 10-18-11)