Common use of CALL OFF AWARD PROCEDURE Clause in Contracts

CALL OFF AWARD PROCEDURE. 4.1 DCC may, from time to time and in its absolute discretion invite the Contractor to participate in the procedure set out in this clause 4 (Call-Off Award Procedure). 4.2 DCC may invite the Contractor via: 4.2.1 An RFP, which will typically be a competitive procurement process with other bidders, for procurements which are either complex or above £100,000 (one hundred thousand pounds) in value; 4.2.2 An RFQ, which will typically be a competitive procurement process with other bidders, for procurements which are simple or less than £100,000 (one hundred thousand pounds) in value; or 4.2.3 A “direct award procedure”, which will typically involve DCC (in its discretion) undertaking a single-source procurement. 4.3 Where so invited pursuant to clause 4.1, the Contractor shall provide an RFP Response, RFQ Response or a quotation in response to a direct award within the times and containing the information specified by DCC via the relevant process. 4.4 All prices quoted by the Contractor pursuant to this Call-Off Award Procedure shall be in accordance with the terms of this Framework Agreement. 4.5 DCC may request further information or particulars from the Contractor at any time during the Call-Off Award Procedure and the Contractor shall respond within such time as is stipulated by DCC in the request. 4.6 The Contractor acknowledges and agrees that: 4.6.1 Participation in the Call-Off Award Procedure, including a direct award procedure, does not guarantee the Contractor will be awarded a Call-Off Contract; 4.6.2 The description of the nature of each procedure in clause 4.2 are indicative only and DCC may, in its discretion, alter the requirements for each procedure; 4.6.3 DCC reserves the right to cancel a Call-Off Award Procedure and/or replace one Call-Off Award Procedure with another procedure at any time and without any guarantee of further participation by the Contractor; 4.6.4 The Contractor shall bear its own cost and risk regarding participation in the Call-Off Procedure and the Contractor waives any claim to compensation from DCC in respect of such participation, except where DCC conducts a Call-Off Procedure in a dishonest, fraudulent or capricious manner; 4.6.5 DCC is under no obligation whatsoever to purchase any Services from the Contractor during the Term; 4.6.6 No form of exclusivity or volume guarantee has been offered or granted by DCC, under (or prior to) this Framework Agreement; and 4.6.7 DCC is at all times entitled to enter into other contracts and agreements with other suppliers for the provision of services that are the same or similar to the Services which may be provided pursuant to this Framework Agreement or a Call-Off Contract, pursuant to the Call-Off Award Procedure or otherwise. 4.7 The Contractor shall not accept instructions from DCC, commence Services for, or supply goods to DCC without a fully executed Call-Off Contract and DCC purchase order having been issued. 4.8 Where the Contractor breaches clause 4.7: 4.8.1 it shall not be entitled to payment for any Services performed or goods delivered prior to the steps set out in clause 4.7 having been completed; 4.8.2 notwithstanding any other provision of this Agreement, DCC shall have no liability in respect of the Contractor’s purported performance of Services (or otherwise) in breach of clause 4.7; and 4.8.3 DCC may decide to cancel the award of a Call-Off Contract upon a breach of clause 4.7. 4.9 The Contractor hereby waives any and all claims in respect of the matters set out in clauses 4.7 and