AVAILABILITY OF TECHNOLOGY AND ADDITIONAL SERVICE ITEMS. Contractor shall evolve, supplement, and enhance the goods and services provided in the normal course of business and that which is in scope of the contract during the Term, both to keep pace with and utilize technological advancements and improvements in the method of delivering technology and communications-related services and the pricing thereof. Contractor also acknowledges that the this environment is critical to the State’s business success, and that the State’s needs and requirements with regard to the communications environment may also evolve and change over time, and that the need for enhanced or modified functionality may arise. Therefore, during the Term and within contract scope, either party may suggest enhancements or additional required goods or services, modifications, cost saving items, or items that might be considered to keep pace with and/or to take advantage of the latest and most useful technological advancements and improvements in Contractor’s performance. If enhancements do not substitute, replace, modify or improve goods or services already being received by the State under this Contract, but instead add to additional material functionality and features, Contractor will make such enhancements available to the State under the existing Contract through a written proposal. Each proposal for enhancements must provide a 1) business case that includes potential users and technical requirements, if any, and 2) competitive pricing that includes market analysis that illustrates cost benefits and cost justification. Should it be determined that new, replacement, and/or refurbished parts/equipment are no longer available (End-of-New-Sales), the Contractor, upon mutual agreement with the CDCR, shall not be obligated to provide the discontinued parts/equipment. However, the Contractor shall work with the CDCR to determine suitable alternatives.
Appears in 1 contract
Sources: Technology Contracts
AVAILABILITY OF TECHNOLOGY AND ADDITIONAL SERVICE ITEMS. Contractor shall evolve, supplement, and enhance the goods and services provided in the normal course of business and that which is in scope of the contract during the Term, both to keep pace with and utilize technological advancements and improvements in the method of delivering technology and communications-related services and the pricing thereof. Contractor also acknowledges that the this environment is critical to the State’s business success, and that the State’s needs and requirements with regard to the communications environment may also evolve and change over time, and that the need for enhanced or modified functionality may arise. Therefore, during the Term and within contract scope, either party may suggest enhancements or additional required goods or services, modifications, cost saving items, or items that might be considered to keep pace with and/or to take advantage of the latest and most useful technological advancements and improvements in Contractor’s performance. If enhancements do not substitute, replace, modify or improve goods or services already being received by the State under this Contract, but instead add to additional material functionality and features, Contractor will make such enhancements available to the State under the existing Contract through a written proposal. Each proposal for enhancements must provide a 1) business case that includes potential users and technical requirements, if any, and 2) competitive pricing that includes market analysis that illustrates cost benefits and cost justification. Should it be determined that new, replacement, and/or refurbished parts/equipment are no longer available (End-of-New-Sales), the Contractor, upon mutual agreement with the CDCR, shall not be obligated The State, in its sole discretion, shall determine whether to provide approve of the discontinued parts/equipmentproposal enhancements and its inclusion in the Contract. HoweverIf the State chooses to proceed hereunder, the State and Contractor will negotiate in good faith to agree on any additional terms and conditions, if any, under which the enhancement will be added to this Contract through the amendment process. The Contractor shall work update any applicable marketing plans used in connection with the CDCR goods or services hereunder. Contractor understands that the State is solely responsible for approval of proposal and agrees, absent an approved amendment from the contracts authorized State agency or/States designated authority; enhancements must not be added to determine suitable alternativesthis Contract. Nothing in this Section shall prohibit the State from pursuing or obtaining the same or similar enhancements with or from other providers or requiring that certain enhancements may only be obtained from certain providers.
Appears in 1 contract
Sources: Standard Agreement Amendment