Common use of CONTRACTOR CAPACITY Clause in Contracts

CONTRACTOR CAPACITY. Purchasers utilizing this Master Contract understand and acknowledge that Contractor is awarded this Master Contract pursuant to a competitive procurement. Accordingly, Purchasers needing Janitorial Services in the county and/or category awarded shall, if using this Master Contract, utilize Contractor. To accommodate anticipated demand, Enterprise Services, has awarded more than one (1) Master Contract per county. Purchaser must offer the opportunity, in writing, to the highest ranked Contractor as determined by Enterprise Services at the time of contract award. In the event that, after three (3) business days, Contractor either has not accepted the work request or has declined in writing (e.g., insufficient capacity), Purchaser may provide the same opportunity to the second-ranked Contractor; provided, however, that, if Purchaser changes any business terms for such work request, Purchaser must again offer such request to the highest ranked Contractor. The Purchaser will follow the same process listed above through each awarded vendor sequentially until a Contractor accepts the work request.