Common use of Substitution and Technology Refreshment Clause in Contracts

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.