OWNER DIRECT PURCHASE Clause Samples
The Owner Direct Purchase clause allows the project owner to purchase materials or equipment directly from suppliers, rather than having the contractor make these purchases. In practice, this means the owner assumes responsibility for ordering, paying for, and taking delivery of specified items, which are then provided to the contractor for installation. This approach can help the owner take advantage of tax exemptions, bulk purchasing discounts, or preferred supplier relationships. The core function of this clause is to provide cost savings and greater control over key project materials, while also clarifying responsibilities between the owner and contractor.
OWNER DIRECT PURCHASE. Pursuant to Florida Statutes, Section 212.08(6), and Florida Administrative Code, Number 12A-1.094, Orange County Florida is exempt from Florida Sales Tax for the purchase of construction materials, supplies and/or equipment incorporated into a construction project. For construction Contracts valued at $10,000,000, or lesser amounts as determined by the County, the County may, at its discretion, use the direct purchase method for large dollar value equipment and materials that realize a tax savings of at least $5000. Direct purchases will be negotiated with the Contractor based on those items identified by the Professional. The final determination as to whether to direct purchase any materials or equipment shall be made by the Manager of the Procurement Division after consultation with the County’s Project Manager. When it has been determined that the use of direct purchases is warranted, the, Orange County Owner Direct Purchase Provision in the #Special Terms and Conditions shall govern.
OWNER DIRECT PURCHASE. No changes. See PART F GENERAL CONDITIONS.
OWNER DIRECT PURCHASE. 19.3.1 Notwithstanding anything herein to the contrary, Because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reseJVes the right to make direct purchases of various construction materials and equipment included in the Work. Construction Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Unless directed otherwise in writing by Owner, Construction Contractor sha11 prepare requisitions to vendors selected by Construction Contractor for all purchases of materials and equipment exceeding five thousand dollars ($5,000), for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two weeks for execution of all such purchase oJ'ders by Owner, except that Owner is under no obligation to execute purchase orders unless and until Construction Contractor has processed deductive Change Orders in amounts equal to or exceeding the cumulative total of purchases executed or requested. Prior to its firSt application for payment and processing of any requisitions by Owner, Construction Contractor will process one (1) deductive Change Ordet·under the Agreement for the entire estimated amount of Owner Direct Purchases, inclusive of sales taxes. Should at any time the cumulative amount of requisitions requested by Construction Contractor exceed the amount of deductive Change Orders previously processed, an additional deductive Change Order shall be required prior to the processing of additional requisitions. Prior to the final payment, a final reconciliation of the Owner Construction Management Agreement CONSTRUCTION MANAGEMENT SERVICES ON A CONTINUING BASIS HCfSCM t(COittbl•lasltl"tetsa4clllioR) II NOVEMBER 16,2010 Direct Purchases will be perfonncd and such deductive Change Order will be prepared for the Owners review and approval.
19.3.2 With respect to all direct purchases by Owner, Construction Contractor shaiJ remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, ▇▇▇▇▇▇▇ installing, warranting and quality control for all direct purchases. Notwithstanding anything herein to the contrary, ConstiUction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this section shall be included within and covered to the same extent as all other warranties provided by Construction...
OWNER DIRECT PURCHASE. For those items purchased directly by the District that will be included in the Work, Contractor shall comply with the District Owner Direct Purchase Policy contained in the District Procurement Policy.
OWNER DIRECT PURCHASE. The first 30 days following the commencement of work Client shall issue procurement order of owner direct purchase (ODP) equipment (currently identified as Hot Water Boilers, Pumps, Boiler Stacks, Water Fixtures, Lighting material, Chiller and Cooling Tower) as prompt ordering of equipment is critical due to long manufacturing lead times. The ODP material list is defined in Appendix 6 with the associated total cost.
OWNER DIRECT PURCHASE. The CM/GC agrees to arrange for purchase of materials and other items subject to the State sales tax through the City of
OWNER DIRECT PURCHASE. 17.3.1 Notwithstanding anything herein to the contrary, because Owner is exempt from sales tax and wishes to generate sales tax savings for the Project, Owner reserves the right to make direct purchases of various construction materials and equipment included in the Work. Construction Contractor represents and warrants that it will use its best efforts to cooperate with Owner in implementing this sales tax savings program in order to maximize cost savings for the Project. Unless directed otherwise in writing by Owner, Construction Contractor shall prepare requisitions to vendors selected by Construction Contractor for all purchases of materials and equipment exceeding ten thousand dollars ($10,000), for execution by Owner, on forms provided by Owner. Construction Contractor shall allow two weeks for execution of all such purchase orders by Owner, except that Owner is under no obligation to execute purchase orders unless and until Construction Contractor has processed deductive Change Orders in amounts equal to or exceeding the cumulative total of purchases executed or requested. ’
17.3.2 With respect to all direct purchases by Owner, Construction Contractor shall remain responsible for coordinating, ordering, inspecting, accepting delivery, storing, handling, installing, warranting and quality control for all direct purchases. Notwithstanding anything herein to the contrary, Construction Contractor expressly acknowledges and agrees that any materials or equipment directly purchased by Owner pursuant this section shall be included within and covered to the same extent as all other warranties provided by Construction Contractor pursuant to the terms of the Contract Documents. Owner shall assign to Construction Contractor any and all warranties and rights Owner may have from any manufacturer or supplier of any such direct purchases by Owner.
17.3.3 All Direct Purchase correspondence, including invoice submissions, shall be handled via email at “▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇” or by US Mail only. Email requests from the Construction Contractor, requesting a direct purchase, shall be considered by the Owner as final authorization to proceed with the purchase. It is acknowledged that the Construction Contractor is responsible for compliance with Section 212.08(6), Florida Statutes (F.S.) and Rule 12A-1.094, Florida Administrative Code (F.A.C.), (Public Works Contracts), which governs the taxability of transactions in which contractors and subcontractors purchase supplie...
OWNER DIRECT PURCHASE. 12.1. The County may elect to buy Project goods and services directly from providers to realize sales tax savings in accordance with section 212.08(6), Florida Statutes, and rule 12A- 1.094, Florida Administrative Code. The Developer shall fully cooperate with the County in this regard by, for example, providing information for the preparation of purchase orders, monitoring deliveries, and approving invoices. The Developer shall also flow down the contract terms in this Section 12.1 to its General Contractor. The Contract Price shall be adjusted to account for any such direct expenditures by the County and credited to reflect the amount of tax savings. Before final payment, a final reconciliation of the County’s direct purchases against the Contract Price will be performed, and the Developer will prepare any related deductive Change Orders for the County’s review and execution.