The following clauses have been provided as examples of ways to enforce penalties when (1) vendors consistently "low ball" a bid and do not deliver the specified bid items; and (2) to receive the lower price when the vendor's sale price is lower than the bid price. The following clauses should be considered as additions to the district's General and Special Conditions for commodity bids:
Out of stock ("buy against")
After receipt of an order, the vendor agrees to notify the district for any out- of-stock items within three (3) working days (hours) of receipt of order. The vendor may make no substitutions for out-of-stock items without the districts' advance approval. If the district is forced to purchase out-of-stock items from another vendor, and no substitution can be made, original vendor must pay the difference.
When a bid item appears on a company sales flyer at a lower price, the lower price will apply to all bid participants.