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Archived - Standard Acquisition Clauses and Conditions Manual | CanadaBuys
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Archived Content
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Legal text for SACC item
2005 00 (2007-05-25) General Conditions - Standing Offers - Goods or
Services
Public Works and Government Services Canada
01 Interpretation
02 General
03 Standard Clauses and Conditions
04 Offer
05 Call-ups
06 Withdrawal
07 Revision
08 Disclosure of Information
2005 01 (2007-05-25) Interpretation
In the Standing Offer, unless the context otherwise requires,
"Call-up" means an order issued by an Identified User duly authorized to
issue a call-up against a particular standing offer. Issuance of a call-up
to the Offeror constitutes acceptance of its offer and results in the
creation of a contract between Her Majesty the Queen in right of Canada and
the Offeror for the goods, services or both described in the Call-up;
"Canada", "Crown", "Her Majesty" or "the Government" means Her Majesty the
Queen in right of Canada as represented by the Minister of Public Works and
Government Services and any other person duly authorized to act on behalf
of that Minister.
"Identified User" means a person or entity identified in the Standing Offer
and authorized by the Standing Offer Authority to make call-ups against the
Standing Offer;
"Offeror" means the person or entity whose name appears on the signature
page of the Standing Offer and who offers to provide goods, services or
both to Canada under the Standing Offer;
"Standing Offer" means the written offer from the Offeror, the clauses and
conditions set out in full text or incorporated by reference from the
Standard Acquisition Clauses and Conditions Manual, these general
conditions, annexes and any other document specified or referred to as
forming part of the Standing Offer;
"Standing Offer Authority" means the person designated as such in the
Standing Offer, or by notice to the Offeror, to act as the representative
of Canada in the management of the Standing Offer. The Standing Offer
Authority will issue a document called "Standing Offer and Call-up
Authority" to authorize Identified Users to make call-ups against the
Standing Offer and to notify the Offeror that authority to make call-ups
against the Standing Offer has been given to Identified Users.
2005 02 (2006-08-15) General
The Offeror acknowledges that a standing offer is not a contract and that
the issuance of a Standing Offer and Call-up Authority does not oblige or
commit Canada to procure or contract for any goods, services or both listed
in the Standing Offer. The Offeror understands and agrees that Canada has
the right to procure the goods, services or both specified in the Standing
Offer by means of any other contract, standing offer or contracting method.
2005 03 (2007-05-25) Standard Conditions and Clauses
Pursuant to the Department of Public Works and Government Services Act, S.C.
1996, c.16, the clauses and conditions identified in the Standing Offer by
number, date and title are incorporated by reference and form part of the
Standing Offer and any contract resulting from the Standing Offer as though
expressly set out in the Standing Offer and resulting contract.
2005 04 (2007-05-25) Offer
1. The Offeror offers to provide and deliver to Canada the goods,
services or both described in the Standing Offer, in accordance with
the pricing set out in the Standing Offer as and when the Identified
User may request such goods, services or both, in accordance with
the conditions listed at sub-section 2 below.
2. The Offeror understands and agrees that:
(a) a call-up against the Standing Offer will form a contract
only for those goods, services, or both, which have been
called-up, provided that such Call-up is made in accordance
with the provisions of the Standing Offer;
(b) Canada's liability is limited to that which arises from
call-ups against the Standing Offer made within the period
specified in the Standing Offer;
(c) Canada may require that the purchase of goods, services or
both listed in the Standing Offer be made using an electronic
purchasing tool. Canada will provide the Offeror at least
three (3) months' notice before imposing such a requirement;
(d) the Standing Offer cannot be assigned or transferred in whole
or in part;
(e) the Standing Offer may be set aside by Canada at any time.
2005 05 (2006-08-15) Call-ups
If applicable, Identified Users will use the form specified in the Standing
Offer to order goods, services or both. Goods, services or both may also
be ordered by other methods such as telephone, facsimile or electronic
means. With the exception of call-ups paid for with a Government of Canada
acquisition card (credit card), call-ups made by telephone must be
confirmed in writing on the document specified in the Standing Offer.
Call-ups against the Standing Offer paid for with the Government of Canada
acquisition card (credit card) at point of sale must be accorded the same
prices and conditions as any other Call-up.
2005 06 (2006-08-15) Withdrawal
In the event that the Offeror wishes to withdraw the Standing Offer after
authority to call-up against the Standing Offer has been given, the Offeror
must provide no less than thirty (30) days' written notice to the Standing
Offer Authority, unless specified otherwise in the Standing Offer. The
thirty (30) days' period will start upon receipt of the notification by the
Standing Offer Authority and the withdrawal will be effective at the expiry
of that period. The Offeror must fulfill any and all call-ups which are
made before the expiry of that period.
2005 07 (2006-08-15) Revision
The period of the Standing Offer may only be extended, or its usage
increased, by the Standing Offer Authority issuing a revision to the
Standing Offer in writing.
2005 08 (2006-08-15) Disclosure of Information
The Offeror agrees to the disclosure of its standing offer unit prices or
rates by Canada, and further agrees that it will have no right to claim
against Canada, the Identified User, their employees, agents or servants,
or any of them, in relation to such disclosure.