Contractor Sample Assurance - The Contractor shall agree that product provided under contract shall conform to all mandatory specifications, terms, conditions and requirements stated herein. Furthermore, if the product has been sample-tested, the Contractor shall agree that the same product submitted for sample-testing and which passed sample-testing shall be provided to the Department for the duration of the contract. No substitutions of product shall be made without the prior written approval of the Department. Only substitutes that are equivalent or better than the product(s) originally contracted for, and equal to or less in price, shall be considered for approval. Estimated Order Quantities - The quantities indicated in this Request for Quotation are estimates that pertain to the total aggregate quantities that may be ordered incrementally, at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities. Substitution of Product - The Contractor shall not substitute any item(s) that has been awarded to the Contractor without the prior written approval of the Department. In the event an item becomes unavailable, the Contractor shall provide a suitable substitute item. The Contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The Contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the Contractor. The Department shall be the final authority as to acceptability of any proposed substitution. Any item substitution shall require a formal contract amendment authorized by the Department prior to the state acquiring the substitute item under the contract. The Department may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The Contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the Contractor.
