(a) Indian Preference Required. Covered employers shall give preference to Indian firms in the award of contracts or subcontracts to the extent permitted by applicable law.

(b) Indian Preference Defined. Indian preference in contracting means that if a qualified Indian firm is available, that Indian firm will be given preference over a qualified non-Indian entity in contracting.

(c) Selection Based on Price. A contractor may not refuse to employ an Indian firm on the basis of price, so long as the Indian firm’s price is within five percent of the lowest bid, calculated by multiplying the lowest bid by 105 percent, and the Indian firm agrees to match the lowest bid.

(d) Selection Based on Qualification. A contractor may not refuse to employ an Indian firm on the basis that a non-Indian firm is more qualified, so long as the Indian firm satisfies the threshold requirements for technical qualifications. In a dispute regarding threshold technical qualifications, the TERO Officer shall determine the appropriate qualifications and whether they are met. [Ord. 58 § 4401, amended, 5/9/2019; Ord. 34 § 4401, adopted, 2/6/2014.]