Deliverables Acceptance Process. 9.2.1 Upon delivery of a Deliverable and receipt of Certification from Contractor that the Deliverable meets its Acceptance Criteria, the Counties will, with Contractor’s assistance and in accordance with the Change Request and other applicable Project documents, review or perform Acceptance Tests on the Deliverable, as applicable, to determine whether the Deliverable conforms to its Acceptance Criteria. The Counties will provide Acceptance for a Deliverable if it has no Deficiencies (except Cosmetic Deficiencies). However, if a Deficiency (except for Cosmetic Deficiencies) is found, the Counties will notify Contractor with the Project Management Tool, in an email or in a written Notice or other document of Deficiencies used as the grounds for the Counties’ decision not to give Acceptance. The Counties shall use diligent efforts to provide thorough lists of such Deficiencies as soon as feasible in accordance with the times for their review and testing in the Work Plan or as provided below. Disagreements between the parties regarding the testing process shall be promptly escalated by the parties to the Counties’ Executive Director and the Contractor Project Manager who will use diligent efforts to resolve such disagreements. Contractor shall correct Deficiencies and resubmit a corrected Deliverable to the Counties which will review or perform Acceptance Tests on the Deliverable to verify whether the Deliverable lacks Deficiencies except for Cosmetic Deficiencies) and with the Project Management Tool, in an email or in a written Notice or other document shall either give its Acceptance or reject it following such review or Acceptance Tests. Contractor’s times for correcting Deficiencies and the Counties’ review of Deliverables shall be in accordance with the timeframes therefor set in the Work Plan and other Project documents. If time periods for correcting Deficiencies by Contractor and reviewing and retesting corrected Deliverables are not in the Work Plan or another Project document, each such time period shall be ten business days. However, the parties shall initiate Change Requests if the Counties request changes to or additional Functions for the Deliverables, which are not included in the applicable Specifications for such Deliverables, during the Counties’ Acceptance Test process. 9.2.2 If Contractor is unable to correct all Deficiencies (except for Cosmetic Deficiencies) within the number of Days indicated in the Work Plan following the Deliverable’s scheduled Acceptance, or if no such date is in the Work Plan, within 30 Days from such scheduled Acceptance, the Counties may, at their option: (a) continue reviewing or performing Acceptance Tests on the Deliverable and require Contractor to continue until Deficiencies are corrected or eliminated; (b) request Contractor to provide, at its expense, a replacement Deliverable for further review or Acceptance Tests; (c) set-off from the Charges to the extent the Counties determine the Deficiencies for the Deliverable have not been corrected and provide Acceptance for the Deliverable; or (d) after completion of the process set forth in this Section 9.2 and providing Notice of default to Contractor, reject the Deliverable and terminate this Agreement as provided in Section 21.2. 9.2.3 Notwithstanding anything to the contrary in this Agreement, the parties shall use the following alternative process, also known as a “go-to-green plan”, when the Counties and Contractor determine that there is a new requirement for the Systems, and the deadline for Implementation of Software with such requirement does not allow for the parties to use or meet the time periods and testing, review and correction processes described above in this Section 9.2. If the Counties and Contractor make this determination, there will be a Change Request pursuant to Section 14 opened for the new requirement. A corresponding “go-to-green” plan will be developed that describes: (i) the scope of work; (ii) Deliverables; (iii) time periods and deadlines for delivery, testing, and other activities; (iv) limitations on or changes to remedies that will apply to the Change Request work, subject to the last sentence of this Section 9.2.3; and
Appears in 3 contracts
Samples: Maintenance and Operations Agreement, Maintenance and Operations Agreement, Maintenance and Operations Agreement
Deliverables Acceptance Process. 9.2.1 Upon delivery of a Deliverable and receipt of Certification from Contractor that the Deliverable meets its Acceptance Criteria, the Counties will, with Contractor’s assistance and in accordance with the Change Request and other applicable Project documents, review or perform Acceptance Tests on the Deliverable, as applicable, to determine whether the Deliverable conforms to its Acceptance Criteria. The Counties will provide Acceptance for a Deliverable if it has no Deficiencies (except Cosmetic Deficiencies). However, if a Deficiency (except for Cosmetic Deficiencies) is found, the Counties will notify Contractor with the Project Management Tool, in an email or in a written Notice or other document of Deficiencies used as the grounds for the Counties’ decision not to give Acceptance. The Counties shall use diligent efforts to provide thorough lists of such Deficiencies as soon as feasible in accordance with the times for their review and testing in the Work Plan or as provided below. Disagreements between the parties regarding the testing process shall be promptly escalated by the parties to the Counties’ Executive Director and the Contractor Project Manager who will use diligent efforts to resolve such disagreements. Contractor shall correct Deficiencies and resubmit a corrected Deliverable to the Counties which will review or perform Acceptance Tests on the Deliverable to verify whether the Deliverable lacks Deficiencies except for Cosmetic Deficiencies) and with the Project Management Tool, in an email or in a written Notice or other document shall either give its Acceptance or reject it following such review or Acceptance Tests. Contractor’s times for correcting Deficiencies and the Counties’ review of Deliverables shall be in accordance with the timeframes therefor set in the Work Plan and other Project documents. If time periods for correcting Deficiencies by Contractor and reviewing and retesting corrected Deliverables are not in the Work Plan or another Project document, each such time period shall be ten business days. However, the parties shall initiate Change Requests if the Counties request changes to or additional Functions for the Deliverables, which are not included in the applicable Specifications for such Deliverables, during the Counties’ Acceptance Test process.
9.2.2 If Contractor is unable to correct all Deficiencies (except for Cosmetic Deficiencies) within the number of Days indicated in the Work Plan following the Deliverable’s scheduled Acceptance, or if no such date is in the Work Plan, within 30 Days from such scheduled Acceptance, the Counties may, at their option: (a) continue reviewing or performing Acceptance Tests on the Deliverable and require Contractor to continue until Deficiencies are corrected or eliminated; (b) request Contractor to provide, at its expense, a replacement Deliverable for further review or Acceptance Tests; (c) set-off from the Charges to the extent the Counties determine the Deficiencies for the Deliverable have not been corrected and provide Acceptance for the Deliverable; or (d) after completion of the process set forth in this Section 9.2 and providing Notice of default to Contractor, reject the Deliverable and terminate this Agreement as provided in Section 21.2.
9.2.3 Notwithstanding anything to the contrary in this Agreement, the parties shall use the following alternative process, also known as a “go-to-green plan”, when the Counties and Contractor determine that there is a new requirement for the Systems, and the deadline for Implementation of Software with such requirement does not allow for the parties to use or meet the time periods and testing, review and correction processes described above in this Section 9.2. If the Counties and Contractor make this determination, there will be a Change Request pursuant to Section 14 opened for the new requirement. A corresponding “go-to-green” plan will be developed that describes: (i) the scope of work; (ii) Deliverables; (iii) time periods and deadlines for delivery, testing, and other activities; (iv) limitations on or changes to remedies that will apply to the Change Request work, subject to the last sentence of this Section 9.2.3; and
Appears in 1 contract
Samples: Maintenance and Operations Agreement
Deliverables Acceptance Process. 9.2.1 Upon delivery of a Deliverable and receipt of Certification from Contractor that the Deliverable meets its Acceptance Criteria, the Counties CalSAWS Consortium will, with Contractor’s assistance and in accordance with the Change Request and other applicable Project documents, review or perform Acceptance Tests on the Deliverable, as applicable, to determine whether the Deliverable conforms to its Acceptance Criteria. The Counties CalSAWS Consortium will provide Acceptance for a Deliverable if it has no Deficiencies (except Cosmetic Deficiencies). However, if a Deficiency (except for Cosmetic Deficiencies) is found, the Counties CalSAWS Consortium will notify Contractor with the Project Management Tool, in an email or in a written Notice or other document of Deficiencies used as the grounds for the Counties’ CalSAWS Consortium’s decision not to give Acceptance. The Counties CalSAWS Consortium shall use diligent efforts to provide thorough lists of such Deficiencies as soon as feasible in accordance with the times for their review and testing in the Work Plan or as provided below. Disagreements between the parties regarding the testing process shall be promptly escalated by the parties to the Counties’ CalSAWS Consortium Executive Director and the Contractor Project Manager who will use diligent efforts to resolve such disagreements. Contractor shall correct Deficiencies and resubmit a corrected Deliverable to the Counties CalSAWS Consortium which will review or perform Acceptance Tests on the Deliverable to verify whether the Deliverable lacks Deficiencies except for Cosmetic Deficiencies) and with the Project Management Tool, in an email or in a written Notice or other document shall either give its Acceptance or reject it following such review or Acceptance Tests. Contractor’s times for correcting Deficiencies and the Counties’ CalSAWS Consortium’s review of Deliverables shall be in accordance with the timeframes therefor set in the Work Plan and other Project documents. If time periods for correcting Deficiencies by Contractor and reviewing and retesting corrected Deliverables are not in the Work Plan or another Project document, each such time period shall be ten business days. However, the parties shall initiate Change Requests if the Counties request changes to or additional Functions for the Deliverables, which are not included in the applicable Specifications for such Deliverables, during the Counties’ Acceptance Test process.such
9.2.2 If Contractor is unable to correct all Deficiencies (except for Cosmetic Deficiencies) within the number of Days indicated in the Work Plan following the Deliverable’s scheduled Acceptance, or if no such date is in the Work Plan, within 30 Days from such scheduled Acceptance, the Counties CalSAWS Consortium may, at their option: (a) continue reviewing or performing Acceptance Tests on the Deliverable and require Contractor to continue until Deficiencies are corrected or eliminated; (b) request Contractor to provide, at its expense, a replacement Deliverable for further review or Acceptance Tests; (c) set-set- off from the Charges to the extent the Counties CalSAWS Consortium determine the Deficiencies for the Deliverable have not been corrected and provide Acceptance for the Deliverable; or (d) after completion of the process set forth in this Section 9.2 and providing Notice of default to Contractor, reject the Deliverable and terminate this Agreement as provided in Section 21.2.
9.2.3 Notwithstanding anything to the contrary in this Agreement, the parties shall use the following alternative process, also known as a “go-to-green plan”, when the Counties CalSAWS Consortium and Contractor determine that there is a new requirement for the Systems, and the deadline for Implementation of Software with such requirement does not allow for the parties to use or meet the time periods and testing, review and correction processes described above in this Section 9.2. If the Counties CalSAWS Consortium and Contractor make this determination, there will be a Change Request pursuant to Section 14 opened for the new requirement. A corresponding “go-to-green” plan will be developed that describes: (i) the scope of work; (ii) Deliverables; (iii) time periods and deadlines for delivery, testing, and other activities; (iv) limitations on or changes to remedies that will apply to the Change Request work, subject to the last sentence of this Section 9.2.3; and (v) other unique aspects of the work performed pursuant to the Change Request. Contractor shall correct Deficiencies, which are found by either party after a Deliverable has been implemented into Production in accordance with the terms of this Change Request, by the earlier of Implementation of the next regularly scheduled Release of Updates for the Software or 90 Days following the effective date of the Change Request, unless the Change Request indicates when Contractor shall otherwise correct such Deficiencies. Except for the remedy in Section 14.6 (Termination), the CalSAWS Consortium’s remedies associated with such Change Request shall not apply until the next regularly scheduled Release of Updates for the Software unless the Change Request indicates when such remedies would apply.
9.2.4 Notwithstanding the foregoing, if the CalSAWS Consortium determine that Deliverables, which have previously been described in a Change Request, need to be changed and implemented into Production before System Testing and/or Acceptance Tests can be completed:
(i) the CalSAWS Consortium shall have the right to issue a revision (e.g., a deviation or addendum) to an existing Change Request;
(ii) Contractor shall perform the work required in the changed Change Request in accordance with Section 14;
(iii) the Contractor Project Manager and the CalSAWS Consortium Executive Director shall meet to discuss and describe in the revision to the existing Change Request:
(a) possible approaches to correcting Deficiencies that arise after the changed Deliverable is in Production; and
(b) whether to hold in abeyance the CalSAWS Consortium’s exercising its remedies related to such Deficiencies and Service Level Agreements only for the Deliverable(s) subject to the changed Change Request (but not other Deliverables) to the extent that such Deficiencies are a result of the revision (e.g., a deviation or addendum) as described in subsection 9.2.4(i).
Appears in 1 contract
Samples: Maintenance and Operations Agreement
