Common use of REPLACEMENT MODEL FOR STANDARD CONFIGURATION Clause in Contracts

REPLACEMENT MODEL FOR STANDARD CONFIGURATION. The Contractor will be able to update the entire Standard Configuration(s) to a new model as long as acceptable proof of EOL is provided in writing to Agreement Contract Manager. The new model(s) must meet or exceed the specifications of the original offered Standard Configuration(s) in each of the component areas listed on Attachment 1 – Pricing Pages. OGS must receive notification no less than 60 calendar days before a Standard Configuration model becomes EOL. All EOL Standard Configurations purchased by Authorized Users must remain under warranty or be replaceable at no additional charge to the Authorized Users. The replacement model price shall not exceed the original awarded amount for the Standard Configuration and its components; provided, however, if the replacement model costs less than the original Standard Configuration, the price shall be reduced to the lower cost. No less than 30 calendar days prior to the Standard Configuration becoming obsolete or unavailable for purchase by Authorized Users, a substitute Standard Configuration with specifications that meet or exceed the specifications of the original offered Standard Configuration must be submitted for OGS approval by completing the modification process outlined in Attachment 4 – Price List Modification Procedures. The replacement Standard Configuration must be offered on the Agreement Price List at the same or lower price than the Standard Configuration price that was originally awarded. OGS’s determination that a replacement system meets or exceeds the original offered Standard Configuration will be final and binding on the Contractor. During the term of the Agreement, should the Contractor fail to provide acceptable notice of EOL Standard Configuration(s); fail to submit a replacement Standard Configuration via the process outlined in Attachment 4 – Price List Modification Procedures in the timeframe referenced above; or, is unable to provide a replacement model with specifications that meet or exceed the specifications of the original Configuration, OGS reserves the right to award the Configuration to the Contractor with the next lowest bid from RFQ 20-01 for that Configuration that is willing to accept the Configuration award without rebidding. Under no circumstances will the new Contractor awarded be permitted to increase its component pricing for the Standard Configuration components or Required Products or decrease the percentage discounts on Required Product categories that were originally Bid. Should the Standard Configuration bid at the time of RFQ 20- 01 be obsolete or unavailable, a substitute Standard Configuration with specifications that meet or exceed the specifications of the original offered Standard Configuration may be proposed.

REPLACEMENT MODEL FOR STANDARD CONFIGURATION. The Contractor will be able to update the entire Standard Configuration(s) to a new model as long as acceptable proof of EOL is provided in writing to the Aggregate Hardware Buy 18-01 Agreement Contract Manageradministrators. The new model(s) must meet or exceed the specifications of the original offered Standard Configuration(s) in each of the component areas listed on Attachment 1 – 1, Pricing Pages. At this time, Contractor may replace the pre-packaged Installation SKU(s) or Additional Installation SKUs for any or all NYS Regions to reflect any changes in the new replacement Standard Configuration, if applicable. The Contractor shall offer the replacement Installation SKU(s) at the same or lower Aggregate Hardware Buy 18-01 Agreement pricing. OGS must receive notification no less than 60 calendar days before a Standard Configuration model becomes EOL. All EOL Standard Configurations purchased by Authorized Users must remain under warranty or be replaceable at no additional charge to the Authorized Users. The replacement model price shall not exceed be increased from the original awarded amount for the Standard Configuration and its components; provided, however, if Configuration. If the replacement model costs less than the original Standard Configuration, the Standard Configuration price shall be reduced to the lower cost. No less than 30 calendar days prior to If the awarded Standard Configuration becoming becomes obsolete or unavailable for purchase by Authorized Usersunavailable, a substitute Standard Configuration with specifications that meet or exceed the specifications of the original offered Standard Configuration must first be submitted for OGS approval by completing the modification process outlined in Attachment 4 – 4, Agreement Price List Modification Procedures. The replacement Standard Configuration must be offered on the Aggregate Hardware Buy 18-01 Agreement Price List at the same or lower price than the Standard Configuration price that was originally awarded. OGS’s determination that a replacement system model meets or exceeds the original offered Standard Configuration will be final and binding on the Contractor. During Contractor shall submit the term of Product and price level information for the Agreement, should the Contractor fail to provide acceptable notice of EOL Standard Configuration(s); fail to submit a replacement Standard Configuration Agreement Modification electronically via the process outlined email as described in Attachment 4 – 4, Agreement Price List Modification Procedures and Attachment 5, Pricing Modification Form (and in the timeframe referenced above; or, is unable to provide a replacement model with specifications that meet or exceed the specifications of the original Configuration, OGS reserves the right to award the Configuration to the Contractor with the next lowest bid from RFQ 20hardcopy if requested by OGS) to: Submit electronically via e-mail: XXX.xx.XX.XxxxxxxxxXxx@xxx.xx.xxx Subject Line: Aggregate Hardware Buy 18-01 for that Configuration that is willing to accept the Configuration award without rebidding. Under no circumstances will the new Agreement – [Contractor awarded be permitted to increase its component pricing for the Standard Configuration components or Required Products or decrease the percentage discounts on Required Product categories that were originally Bid. Should the Standard Configuration bid at the time Name] Modification Submit hardcopy: NYS Office of RFQ 20- 01 be obsolete or unavailableGeneral Services Procurement Services 00xx Xxxxx, a substitute Standard Configuration with specifications that meet or exceed the specifications of the original offered Standard Configuration may be proposed.Xxxxxxx Xxxxx, XXX Xxxxxx, XX 00000 Attention: IT Procurement [Contractor Name], Aggregate Hardware Buy 18-01