Call-up Limitations

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

A.12 Call-up Process / Call-up Limitations

(a) Multiple Standing Offers: The Offeror acknowledges that multiple Standing Offers have been issued for this requirement. Call-ups will be allocated among the Offerors in accordance with the process described below.

(b) Only Authorized Call-ups to be Accepted: The Offeror agrees only to accept individual Call-ups made by Authorized Users pursuant to this Standing Offer that do not exceed the applicable Call-up Limitations outlined below. The Offeror acknowledges that any Call-up made by an Authorized User exceeding the applicable Call-up Limitation is not permitted under this Standing Offer and without authority.

(c) Call-ups only to be Accepted by Active Offerors: The Offeror agrees only to accept Call-ups for printers during periods in which it has been identified by the Contracting Authority as an "Active Offeror" for that particular Sub-Category , unless contacted directly the Contracting Authority.

(d) Call-ups may be directed to Agents: Call-ups may be addressed to the Offeror directly or to the Offeror care of any of its Authorized Agents.

(e) Contracting Authority: PWGSC will act as the Contracting Authority for all Call-ups, including those made directly by Authorized Users.

(f) Division and Consolidation of Requirements: Multiple Call-ups will not be issued in order to circumvent competition. The Contracting Authority may consolidate requirements across Authorized Users and issue Call-ups on a periodic basis to receive best tier or better pricing on the Products.

(g) Call-up Limitations: An Authorized User may issue a Call-up directly to any Offeror (or the Offeror's Authorized Agent) in the applicable Sub-Category, up to the applicable Call-up Limitation specified below, in accordance with the following:

(i) For Call-ups of consumables only: the Authorized User may place Call-ups (valued at up to $25,000) that consist only of consumables, from any of the Offerors (both Active and Inactive). Any Call-ups of consumables exceeding $25,000 must be issued by the Contracting Authority.

(ii) For Call-ups of Optional Items only: the Authorized User may place Call-ups (valued at up to $25,000) that consist of Optional Items only from any of the Offerors (both Active and Inactive). Any Call-ups of Optional Items exceeding $25,000 must be issued by the Contracting Authority.

(iii) For Call-ups from Group 1 Sub-Categories (which may include, within the Call-up Limitation, additional consumables and Optional Items):

(A) Up to $25,000 (GST/HST included): the Authorized User may place the Call-up with the Active Offeror whose Product(s), in the Authorized User's view, represents the best value;

(B) Up to $400,000 (GST/HST included): the Authorized User may place the Call-up with the Active Offeror with the Product with the best Value Factor in the appropriate order-size tier in the Sub-Category on the date of the Call-up, if the Product meets the technical and compatibility requirements of the Authorized User;

If an Authorized User wishes to issue a call-up to a single supplier for a requirement consisting of multiple Sub-categories within Category 1, or Category 2, respectively, the Authorized User may place the Call-up with the Active Offeror offering the products with the best aggregate Value Factor in the appropriate order-size tier across the required Sub-categories, providing the aggregate Value Factor falls within 10% of the aggregation of the best value products from multiple suppliers.

(C)From $400,000 up to $10,000,000 (GST/HST included): only the Contracting Authority may place Call-ups of this value. The Contracting Authority will place the Call-up with the Active Offeror with the Product with the best Value Factor on the date of the Call-up for the required configuration in the appropriate order-size tier, if the Product meets the technical and compatibility requirements of the Authorized User.

The Contracting Authority reserves the right to negotiate the prices for Call-ups over $400,000 and, where the Contracting Authority determines that the available prices do not represent good value, the Contracting Authority may use other methods of supply to fulfill the requirement.

(iv) For Call-ups from Group 2 Sub-Categories (which may include, within the Call-up Limitation, additional consumables and Optional Items):

(A) Up to $25,000 (GST/HST included): the Authorized User may place the Call-up with the Active Offeror whose Product(s), in the Authorized User's view, represents the best value;

(B) Up to $200,000 (GST/HST included): the Authorized User may place the Call-up with the Active Offeror with the Product with the best Value Factor in the appropriate order-size tier in the Sub-Category on the date of the Call-up, if the Product meets the technical and compatibility requirements of the Authorized User.

(C) From $200,000 up to $10,000,000 (GST/HST included): only the Contracting Authority may place Call-ups of this value. The Contracting Authority will place the Call-up with the Active Offeror with the Product with the best Value Factor on the date of the Call-up for the required configuration in the appropriate order-size tier, if the Product meets the technical and compatibility requirements of the Authorized User.

The Contracting Authority reserves the right to negotiate the prices for Call-ups over $200,000 and, where the Contracting Authority determines that the available prices do not represent good value, the Contracting Authority may the Contracting Authority may use other methods of supply to fulfill the requirement.

These Call-up limitations apply to the total value of the Call-up, including any Optional Items listed on this Standing Offer that are included in a Call-up.

(h)Terms to be Confirmed in Call-up: At the time of the Call-up, the Offeror must:

(i) inform the Authorized User of the installation charges set out in the Best Value Grid on the IPMG website that apply if on-site installation and configuration are requested;

(ii) provide the Authorized User with any wiring specifications or special environmental conditions required for the Products. Any alterations to the site are the responsibility of the Authorized User;

(iii) determine the language requirements of the Authorized User for the user manuals to be delivered with the Products; and

(iv) determine whether receipt of the user manuals on CD-ROM or downloadable from the Internet is acceptable (instead of delivery of hard copies)

(i)Requirements of $25,000 or more (GST/HST included) that Cannot be Satisfied by Active Offeror with the printer with the highest rating in the Best Value Grid: Where the Contracting Authority is satisfied that the Active Offeror with the printer with the best Value Factor cannot satisfy an Authorized User's requirement in any Sub-Category because that Offeror:

(i) cannot supply all the Products required by the Authorized User by the Delivery Date specified in the Resulting Contract clauses;

(ii) does not have a printer listed in the Best Value Grid on the IPMG website that meets all the legitimate operational requirements of the Authorized User;

(iii) has failed the compatibility sub-test for that requirement; or

(iv) has already defaulted on a Call-up issued by the Authorized User for the required Products,

then the Contracting Authority may place a Call-up (or provide written permission to the Authorised User to place a Call-up) with the next highest Active Offeror.

(j) Requirements that Cannot be Satisfied by Active Offerors: Where the Contracting Authority is satisfied that the none of Active Offerors can satisfy an Authorized User's requirement in any Sub-Category because the Active Offerors:

(i) cannot supply all the Products required by the Authorized User by the Delivery Date specified in the Resulting Contract clauses;

(ii) do not have a printer listed in the Best Value Grid on the IPMG website that meets all the legitimate operational requirements of the Authorized User;

(iii) have all failed the compatibility sub-test for that requirement; or

(iv) have defaulted on Call-ups for the Products currently required by the Authorized User,

then the Contracting Authority may place a Call-up with one of the other Offerors in the relevant Sub-Category that can satisfy these requirements, at the unit price(s) that Offeror offered during the most recent downward price revision or the Contracting Authority may use other sourcing methods to procure the Products. Only the Contracting Authority can place Call-ups with Offerors other than the Active Offerors. The Offeror agrees not to accept any Call-ups, except from the Contracting Authority, while it is not an Active Offeror.

(k) Authority of Authorized Users to Place Direct Call-ups may be Withdrawn: The Contracting Authority may, at any time, provide the Offerors with 30 days' written notice that the authority of an Authorized User to place direct Call-ups has been withdrawn. In this case, only the Contracting Authority may make Call-ups on behalf of that Authorized User and the Offeror agrees not to fulfill any Call-ups made directly by that Authorized User.