Substitution and Technology Refreshment Clause Samples
The Substitution and Technology Refreshment clause allows for the replacement or upgrade of products, services, or technologies provided under a contract with newer or equivalent versions during the contract term. This clause typically outlines the conditions under which substitutions can occur, such as ensuring compatibility, maintaining or improving performance, and not increasing costs to the client. Its core function is to ensure that the client benefits from technological advancements and avoids obsolescence, while also providing flexibility to the supplier to offer updated solutions.
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Substitution and Technology Refreshment. If at any time during the life of this BPA, the original manufacturer of the equipment (includes software, hardware and firmware) schedules the products for discontinuation, improvement and/or replacement, the BPA holder shall provide a proposal to include the new or revised products on the BPA under the appropriate line items. Proposed prices for new or revised products shall be constructed in accordance with paragraph 9 of this BPA for most favored prices. Discounts shall be at the same or greater discount level as the original BPA product prices. Proposals shall be submitted to the Contracting Officer within seven (7) days of the BPA holder’s awareness of the OEM’s intent. Improvement of product includes new releases, updates, upgrades including additional features and functionality, and successor or upgrade products.
Substitution and Technology Refreshment. If at any time during the term of this BPA, the original equipment manufacturer schedules the product(s) for discontinuation and/or end of life (EOL), the BPA holder shall provide the new or revised product(s) on the BPA via modification. The replacement product shall meet or exceed the standard configuration of the discontinued product and must be from the original equipment manufacturer
Substitution and Technology Refreshment. If at any time during the term of this BPA, the original equipment manufacturer schedules the product(s) for discontinuation, end of life (EOL), improvement and/or replacement, the BPA holder shall provide a proposal to include the new or revised product on the BPA. Proposal shall include a description of the product, technical literature or documentation that describes the product specifications, and evidence of inclusion on the underlying FSS Contract. The proposed substitution shall at a minimum meet or exceed all original product specifications and features and the price shall be the same or at a greater discount level as the original BPA product price. Proposal shall be submitted to the Contracting Officer within seven (7) days of the BPA holder’s awareness of the OEM’s intent. Improvement of product includes new releases, updates, upgrades (including additional features and functionality), and successor products.
Substitution and Technology Refreshment. If at any time during the life of this BPA, the original manufacturer of the equipment (includes software, hardware and firmware) schedules the products for discontinuation, improvement, and/or replacement, the BPA holder shall provide a proposal to include the new or revised products on the BPA under the appropriate line items. Proposed prices for new or revised products shall be constructed in accordance with this BPA for most favored customer prices. Discounts shall be at the same or greater discount level as the original BPA product prices. Proposals shall be submitted to the Contracting Officer within seven (7) days from the date the contractor obtains knowledge that the original equipment manufacturer has scheduled a BPA product for discontinuation, improvement, and/or replacement. Improvement of product includes new releases, updates, and upgrades including additional features and functionality, and successor or upgrade products. Changes proposed by the contractor shall become effective only upon written acceptance by the Government.
Substitution and Technology Refreshment. In the event Red Hat schedules Products for replacement, improvement and/or substitution, Red Hat shall permit its authorized distributor to incorporate the new or revised Products on its order under the appropriate line items. Improvements of Product include new releases, updates, upgrade including additional features and functionality, and successor or upgrade Products. Contractor further agrees to provide updated technical bulletins, user's guides, and documentation, as appropriate, applicable to such replacements, improvements, or substitutions at no additional cost.