CONTRACT ITEM CHANGES. A. If a manufacturer discontinues a contracted item, that item will automatically be considered deleted from the contract with no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
B. If a manufacturer makes any kind of change in a contracted item which affects the contract price, Contractor must advise H-GAC of the details. H-GAC may allow or reject the change at its sole discretion. If the change is rejected, H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item, or take any other action deemed by H-GAC, at its sole discretion, to be in the best interests of its Customers.
C. If a manufacturer makes any change in a contracted item which does not affect the contract price, Contractor shall advise H-GAC of the details. If the 'new' item is equal to or better than the originally contracted item, the 'new' item shall be approved as a replacement. If the change is rejected H-GAC will remove the item from its program and there will be no penalty to Contractor. However, H-GAC may at its sole discretion elect to make a contract award to the next lowest Respondent for the item or may take any other action deemed by H-GAC at its sole discretion, to be in the best interests of its Customers.
D. In the case of specifically identified catalogs or price sheets which have been contracted as base bid items or as published options, routine published changes to products and pricing will be automatically incorporated into the contract. However, Contractor must still provide thirty (30) calendar days written notice and an explanation of the changes to products and pricing. H-GAC will respond with written approval.
CONTRACT ITEM CHANGES. The specific number and product mix featured in this contract may change during the course of the Agreement, as Contractor introduces new products and discontinues others. In the event a product is discontinued, or if Contractor makes a change that affects the price of a product, Contractor is required to immediately notify PSA of the circumstances. Discontinued items are automatically considered to be deleted from the contract with no penalty to Contractor. PSA, at its sole discretion, may allow Contractor to provide a substitute for the discontinued item through a contract amendment. Requests for product SUBSTITUTIONS shall be accompanied with the following information: • Documentation from Contractor that the product has been discontinued • Documentation that specifies the replacement product • Documentation that provides clear and convincing evidence that the replacement will be compatible with all the functions or uses of the discontinued product • Documentation confirming that the price for the replacement is the same as or less than the discontinued product Requests for product ADDITIONS shall be accompanied with the following information: • Documentation that specifies the new product • Documentation confirming that the price for the replacement is at the same discounted rate as other products on the contract PSA may, at its sole discretion, elect to make a contract award to the next low Offeror for a discontinued item, or take any other action deemed by PSA to be in the best interests of End Users.
