Common use of OPPORTUNITY BUYS Clause in Contracts

OPPORTUNITY BUYS. The State may utilize drop shipment, spot or opportunity buy, or trailer load incentives when an Authorized User is able to benefit from either the Contractor or third party food vendor. To qualify for the drop shipment, spot or opportunity buy, or trailer load incentive, the order must be greater than $2,500. The Contractor shall have the right of first refusal to fulfill the Authorized User’s request. The Contractor will have 48 hours, from when an Authorized User initiates a drop shipment, spot or opportunity buy, or trailer load request to notify the Authorized User whether Contractor would like to fulfill the Authorized User’s request. Should the Contractor be unable to fulfill the request within the 48 hour time period, the Authorized User shall be able to initiate a drop shipment, spot or opportunity buy or trailer load order with a third party vendor. The third party vendor will transport the food order directly to the Authorized User location, bypassing the Contractor from physically handling the food order. In the instance that the Authorized User utilizes a third party for transportation, the Contractor will not be responsible for the actual receiving of the drop shipment at its warehouse or transporting it to the Authorized User facility. If the Contractor does not process or transport the drop shipment, spot or opportunity buy, or trailer load order the Contractor shall not invoice the Authorized User for any charges for the drop , spot or opportunity buy, or trailer load shipment order. To process the drop shipment, spot or opportunity buy, or trailer load, the Contractor may add a Percent Markup to the delivered invoiced price of the order not to exceed the applicable Sub-Lot Markup as listed in Appendix C FOOD (Commercial: Eastern Region) DOCUMENTS, Number 2, Contractor Information. Contractor may engage a third party in such a purchase, however, no change from the initial supplier’s spot price shall be allowed. Opportunity buy purchases must be identified in the Contractor’s regular reporting requirements to OGS. See also SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS.

OPPORTUNITY BUYS. The State may utilize drop shipment, spot or opportunity buy, or trailer load incentives when an Authorized User is able to benefit from either the Contractor or third party food vendor. To qualify for the drop shipment, spot or opportunity buy, or trailer load incentive, the order must be greater than $2,500. The Contractor shall have the right of first refusal to fulfill the Authorized User’s request. The Contractor will have 48 hours, from when an Authorized User initiates a drop shipment, spot or opportunity buy, or trailer load request to notify the Authorized User whether Contractor would like to fulfill the Authorized User’s request. Should the Contractor be unable to fulfill the request within the 48 hour time period, the Authorized User shall be able to initiate a drop shipment, spot or opportunity buy or trailer load order with a third party vendor. The third party vendor will transport the food order directly to the Authorized User location, bypassing the Contractor from physically handling the food order. In the instance that the Authorized User utilizes a third party for transportation, the Contractor will not be responsible for the actual receiving of the drop shipment at its warehouse or transporting it to the Authorized User facility. If the Contractor does not process or transport the drop shipment, spot or opportunity buy, or trailer load order the Contractor shall not invoice the Authorized User for any charges for the drop , spot or opportunity buy, or trailer load shipment order. To process the drop shipment, spot or opportunity buy, or trailer load, the Contractor may add a Percent Markup to the delivered invoiced price of the order not to exceed the applicable Sub-Lot Markup as listed in Appendix C FOOD (Commercial: Eastern Downstate Region) DOCUMENTS, Number 2, Contractor Information. Contractor may engage a third party in such a purchase, however, no change from the initial supplier’s spot price shall be allowed. Opportunity buy purchases must be identified in the Contractor’s regular reporting requirements to OGS. See also SECTION 49 ADMINISTRATIVE AND REPORTING REQUIREMENTS.