§ 2-648. Spot market procurement.

(a)

[Generally; factors.] When it is determined that market conditions for procurement of gasoline, oil and perishable food commodities make any other method of source selection under these regulations impractical, procurements may be awarded by spot market procurement, as provided for in this subsection. Factors to be used in determining whether other methods of source selection are impractical shall include:

(1)

There must exist a formal or informal open market for the commodity to be procured.

(2)

The nature of the market for the commodity to be procured must be subject to such fluctuations in price and/or availability of the commodity that the use of any other method of source selection would prevent the county from effectively participating in the market.

(b)

Limitation on use. The use of spot market procurement is intended to be used only under limited circumstances and the procedures for such use as described herein are not intended to displace the procedures for competitive sealed bidding and competitive negotiation as set forth in other sections of these regulations.

(c)

Notice. Invitations for bids shall be sent in the manner that is customarily used in the market, including but not limited to, electronic transmissions.

(d)

Receipt of bids. The invitation for bids for spot market purchases shall specify a time for submission of bids. Any bid received after the specified bidding time may be considered by the county but any such bid is not required to be considered. Bids may be submitted in any manner customarily used in the market, including, but not limited to, electronic transmissions and telephone bids. Each bid and the name of the bidder shall be recorded and the record of all bids shall be open for public inspection. The assigned procurement division representative shall employ appropriate safeguards to ensure that the bid is not disclosed to any other bidder prior to award.

(e)

Award. The award shall be made with reasonable promptness by written and/or electronic notice to the responsive and responsible bidder whose bid is determined to be the "best value" to the county.

(Ord. No. O-08-5-101, § 2(Exh. A), 6-23-08; Ord. No. O-16-3-101 , § 1, 4-25-16; Ord. No. O-18-7-101, § 1(Exh. A), 8-27-18 )

Editor's note

Ord. No. O-16-3-101 , § 1, adopted April 25, 2016, changed the title of section 2-648 from "Spot market purchasing" to "Spot market procurement." The historical notation has been preserved for reference purposes.