Withdrawal of Authority to Use Standing Offer

National Master Standing Offer
EZ107-060001/001/VAN to EZ107-060001/006/VAN
Desktop and Network Printers   including Accessories, Supplies and Services

Administration of Standing Offers

A.22 Withdrawal of Authority to Use Standing Offer

(a)Canada may, at any time, for operational reasons, withdraw authority from Authorized Users to use the Printer series of Standing Offers.

(b) Canada may also, at any time, withdraw authority from Authorized Users to use this Standing Offer if the Offeror breaches the terms of this Standing Offer or any Call-up.

(c) Situations that may result in the withdrawal of authority to use this Standing Offer for cause include:

(i) Delivery of any Products not listed in this Standing Offer, except to the extent expressly authorized by this Standing Offer. Authorized Products are those that have been specifically approved in writing by the Contracting Authority for inclusion in this Standing Offer and posted in the Best Value Grid;

(ii) Delivery of any Product that provides a lower level of performance than or otherwise does not meet the Technical Specifications set out in Annex A or the technical specifications of the Product approved and posted in the Best Value Grid, whichever is higher;

(iii) Late deliveries;

(iv) Poor warranty/maintenance service;

(v) Unauthorized substitution of any Product without prior written authorization from the Contracting Authority;

(vi) Price revision without prior written authorization from the Contracting Authority;

(vii) Distribution or publication of advertising, including information included in supplier websites without the prior approval of the Contracting Authority and/or which might be interpreted as suggesting that unauthorized items are available under the Standing Offer or providing any information that conflicts with any aspect of the terms and conditions, pricing, or availability of systems currently available under this Standing Offer (as set out in the Best Value Grid).

(viii) Failure to submit complete and accurate Activity Reports within the required time frames;

(ix) Breach of any of the specific terms and conditions detailed in the Standing Offer (e.g., failure to meet the service levels for warranty service, failure to respect the Call-up limitations, etc.); and

(x) Refusing a Call-up at any time or for any reason from any Authorized User where the Call-up is for a Product currently listed and approved under this Standing Offer.

(d) The Offeror acknowledges that Canada may suspend the authority of Authorized Users to use the Offeror's Standing Offer for a period of up to three (3) months upon the first suspension.

(e) The Offeror acknowledges that Canada may suspend the authority of Authorized Users to use the Offeror's Standing Offer for the remainder of Standing Offer Period upon any subsequent breach of any of the terms and conditions of the Standing Offer or a Call-up.

(f) The Offeror acknowledges that Canada may publish information regarding the status of the Offeror's Offer, including the suspension or withdrawal of authority to use the Offeror's Standing Offer.

(g) Any Offeror whose Authorized Agent or subcontractor is found to be in breach of any of the terms and conditions of this Standing Offer or a Call-up may be asked to remove that Authorized Agent or subcontractor from its list of Authorized Agents or subcontractors, in addition to any other remedy PWGSC may invoke. Refusal to do so may result in setting aside the authority to use this Standing Offer.

(h) If Canada intends to set aside the authority to use this Standing Offer for cause, the Contracting Authority will inform the Offeror in writing and provide the Offeror ten (10) calendar days within which to make representations, before making a final decision on setting aside the authority to use the Standing Offer.