Common use of Delivery and Review of Deliverables Clause in Contracts

Delivery and Review of Deliverables. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and are subject to Agency performing its responsibilities in a timely manner. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. By no later than (i) [15 days] after receipt of such notice, or (ii) the date set forth in the Delivery Schedule for Agency’s review, Agency shall determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including the Statement of Work. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall conduct interim Acceptance Testing as set forth in Section 2.4.1. If Agency determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall notify Contractor of Agency’s Acceptance. If the Agency determines that a Deliverable does not meet, in all material respects, the Acceptance Criteria Agency shall notify Contractor in writing of Agency’s rejection of the Deliverable, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor shall, within a [15-day] period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, Acceptance Criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverable to Agency. Agency shall thereafter review the modified or improved Deliverable within 15-days of receipt of the Contractor's delivery of the Deliverable. Failure of the Deliverable to meet in all material respects, the Acceptance Criteria after the second set of Acceptance Tests shall constitute a default by Contractor. In the event of such default, Agency may either (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other remedies Agency may have for Contractor’s default.

Delivery and Review of Deliverables. 3.3.1. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and are subject to Agency OJD performing its responsibilities in a timely manner. 3.3.2. Contractor shall provide written notice to Agency OJD upon delivery of a completed Deliverable to AgencyOJD. By no later than (i) [15 days] Business Days after receipt of such notice, or (ii) the date set forth for OJD’s review in the Delivery Schedule for Agency’s reviewcurrent Accepted Project Implementation Plan and Schedule, Agency shall OJD will determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including Contract. Acceptance Criteria includes all requirements for a Deliverable and associated Services described in the Statement of Work, and the Performance Warranties in Section 11.2. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall OJD will conduct interim Acceptance Testing as set forth in Section 2.4.13.4. If Agency OJD determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall OJD will notify Contractor of AgencyOJD’s AcceptanceAcceptance in writing. 3.3.3. If the Agency OJD determines that a Deliverable does not meet, meet the Acceptance Criteria in all material respects, the Acceptance Criteria Agency shall OJD will notify Contractor in writing of AgencyOJD’s rejection of the Deliverable, and describe in reasonable detail in such notice the AgencyOJD’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor shall, within a [15-day] 15 Calendar Day period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, the Acceptance Criteria, and notify the Agency OJD in writing that it has completed such modifications or improvements and re-tender the Deliverable to AgencyOJD. Agency shall OJD will thereafter review the modified or improved Deliverable within 15-days 15 Calendar Days of receipt of the Contractor's delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall submission will constitute a default by Contractor. In the event of such default, Agency OJD may either either (i) notify Contractor of such default and or instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3section, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other pursue its remedies Agency may have for Contractor’s defaultdefault under Section 15 of this Contract.

Delivery and Review of Deliverables. 2.3.1. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and are subject to Agency performing its responsibilities in a timely manner. 2.3.2. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. By no later than (i) [15 days] fifteen (15) days after receipt of such notice, or (ii) the date set forth in the Delivery Schedule for Agency’s review, whichever is later, Agency shall determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including the Statement of Work. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall conduct interim Acceptance Testing as set forth in Section 2.4.12.3.3 and the Statement of Work. If Agency determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall notify Contractor of Agency’s Acceptance. 2.3.3. If the Agency determines that a Deliverable does not meet, in all material respects, the Acceptance Criteria Criteria, Agency shall notify Contractor in writing of Agency’s rejection of the Deliverable, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor shall, within a [fifteen (15-day] ) day period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, Acceptance Criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverable to Agency. Agency shall thereafter review the modified or improved Deliverable within fifteen (15-) days of receipt of the Contractor's ’s delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall constitute a default by Contractor. In the event of such default, Agency may either (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other remedies Agency may have for Contractor’s default.

Delivery and Review of Deliverables. 3.3.1. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and are subject to Agency performing its responsibilities in a timely manner. 3.3.2. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. By no later than (i) [15 days] fifteen (15) Business Days after receipt of such notice, or (ii) the date set forth in the Delivery Schedule for Agency’s reviewreview in the current Accepted Project Implementation Plan and Schedule, Agency shall will determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including Contract. Acceptance Criteria includes all requirements for a Deliverable and associated Services described in the Statement of Work, and the Performance Warranties in Section 11.2. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall will conduct interim Acceptance Testing as set forth in Section 2.4.13.4. If Agency determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall will notify Contractor of Agency’s AcceptanceAcceptance in writing. 3.3.3. If the Agency determines that a Deliverable does not meet, meet the Acceptance Criteria in all material respects, the Acceptance Criteria Agency shall will notify Contractor in writing of Agency’s rejection of the Deliverable, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor shall, within a [fifteen (15-day] ) Business Day period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, the Acceptance Criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverable to Agency. Agency shall will thereafter review the modified or improved Deliverable within fifteen (15-days ) Business Days of receipt of the Contractor's delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall submission will constitute a default by Contractor. In the event of such default, Agency may either (i) notify Contractor of such default and or instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3section, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other pursue its remedies Agency may have for Contractor’s defaultdefault under Section 15 of this Contract.

Delivery and Review of Deliverables. 3.3.1. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and are subject to Agency performing its responsibilities in a timely manner. 3.3.2. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. 3.3.3. By no later than For each required Deliverable, Contractor shall provide a Deliverable Expectation Document (i“DED”) [15 days] after receipt to the Contract Administrator for review and approval before or within (X) Business Days before any work begins on a Deliverable, unless a different timeline is specified in the Statement of such noticeWork. In addition to adherence to deliverable characteristics outlined within the Contract, a DED will be used to obtain agreement on the deliverable content, format and acceptance criteria. Further, the content and depth of detail contained within the DED may vary depending on the size and complexity of each deliverable. For Deliverables that must be completed in stages, delivered as part of a larger system component, or (ii) can only be delivered when fully completed, different stages of a DED may be required. The DED is compared to the statement of work within the Contract and any quality checklist applicable to the Deliverable in order to identify any gaps that need to be addressed prior to accepting the DED. The DED goes through the same acceptance process as deliverables. 3.3.4. When Contractor delivers a Deliverable by the date set forth agreed upon in the Delivery Schedule for Agency’s reviewStatement of Work and provides notice according to Section 3.3.2 of this Contract, Agency shall determine whether will review the Deliverable and determine if it meets Acceptance Criteria set forth in the Contract including and DED. Agency will make this determination within X Business Days unless otherwise specified in the Statement of Work. 3.3.5. Acceptance Criteria include all requirements for a Deliverable and associated Services described in the Statement of Work and the DED, and the Performance Warranties in Section 11.2. In the event that the Acceptance Criteria in the SOW and DED conflict, the Acceptance Criteria in the SOW will control unless the DED specifically states that the Acceptance Criteria in the SOW is being modified. Performance Warranty, SOW, DED. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall will conduct interim Acceptance Testing as set forth in Section 2.4.13.4. If Agency determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall will notify Contractor of Agency’s AcceptanceAcceptance in writing. 3.3.6. If the Agency determines that a Deliverable does not meet, meet the Acceptance Criteria in all material respects, the Acceptance Criteria Agency shall will notify Contractor in writing of Agency’s rejection of the Deliverable, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor shall, within a [fifteen (15-day] ) Business Day period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, the Acceptance Criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverable to Agency. Agency shall will thereafter review the modified or improved Deliverable within fifteen (15-days ) Business Days of receipt of the Contractor's delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall submission will constitute a default by Contractor. In the event of such default, Agency may either (i) notify Contractor of such default and or instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3section, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other pursue its remedies Agency may have for Contractor’s defaultdefault under Section 15 of this Contract.

Delivery and Review of Deliverables. Contractor 3.3.1 Consultant shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in the Statement of 3.3.1.1 The State Chief Information Officer, or designee; 3.3.1.2 The Director of Work. Delivery datesthe Oregon Department of Administrative Services, both critical and non-criticalor designee; 3.3.1.3 The Legislative Fiscal Officer; and 3.3.1.4 The Director of Agency, are set forth in the Statement of Work and are subject to Agency performing its responsibilities in a timely manner. Contractor or designee. 3.3.2 Consultant shall provide written notice to Agency Authorized Purchaser upon delivery of a completed Deliverable to AgencyAuthorized Purchaser. By no later than (i) [15 days] fifteen (15) Business Days after receipt of such notice, or (ii) the date set forth for Authorized Purchaser’s review in the Delivery Schedule for Agency’s reviewcurrent Accepted Project Implementation Plan and Schedule, Agency shall Authorized Purchaser will determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including Contract. Acceptance Criteria includes all requirements for a Deliverable and associated Services described in the Statement of Work. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall conduct interim Acceptance Testing as set forth and the Performance Warranties in Section 2.4.110. If Agency Authorized Purchaser determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall Authorized Purchaser will notify Contractor Consultant of AgencyAuthorized Purchaser’s Acceptance. Acceptance in writing. 3.3.3 If the Agency Authorized Purchaser determines that a Deliverable does not meet, meet the Acceptance Criteria in all material respects, the Acceptance Criteria Agency shall Authorized Purchaser will notify Contractor Consultant in writing of AgencyAuthorized Purchaser’s rejection of the Deliverable, and describe in reasonable detail in such notice the AgencyAuthorized Purchaser’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptance, Contractor Consultant shall, within a [fifteen (15-day] ) Business Day period, modify or improve the Deliverable at ContractorConsultant’s sole expense so that the Deliverable meets, in all material respects, the Acceptance Criteria, and notify the Agency Authorized Purchaser in writing that it has completed such modifications or improvements and re-tender the Deliverable to AgencyAuthorized Purchaser. Agency shall Authorized Purchaser will thereafter review the modified or improved Deliverable within fifteen (15-days ) Business Days of receipt of the ContractorConsultant's delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall submission will constitute a default by ContractorConsultant. In the event of such default, Agency Authorized Purchaser may either (i) notify Contractor Consultant of such default and instruct Contractor Consultant to modify or improve the Deliverables as set forth in this section 2.3.33.3.3, or (ii) notify Contractor Consultant of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other pursue its remedies Agency may have for Contractor’s defaultdefault under Section 16 of this Contract.

Delivery and Review of Deliverables. 3.3.1. Contractor shall deliver Deliverables and complete Milestones as set forth in the Statement of Work by no later than the date or dates set for delivery in according to the Statement of Work. Delivery dates, both critical and non-critical, are set forth in the Statement of Work and will be determined for each Deliverable assigned and approved by Agency and are subject to Agency performing its responsibilities in a timely manner. 3.3.2. Contractor shall provide written notice to Agency upon delivery of a completed Deliverable to Agency. By no later than (i) [15 days] Business Days after receipt of such notice, or (ii) the date set forth in the Delivery Schedule for Agency’s review, Agency shall will determine whether the Deliverable meets Acceptance Criteria set forth in the Contract including Contract. Acceptance Criteria includes all requirements for a Deliverable and associated Services described in the Statement of Work. With respect to any Deliverables that are susceptible to Acceptance Testing, Agency shall conduct interim Acceptance Testing as set forth and the Contractor’s Performance Warranties in Section 2.4.111.2. If Agency determines that the Deliverable meets, in all material respects, Acceptance Criteria, Agency shall will notify Contractor of Agency’s AcceptanceAcceptance in writing. 3.3.3. If the Agency determines that a Deliverable does not meet, meet the Acceptance Criteria in all material respects, the Acceptance Criteria Agency shall will notify Contractor in writing of Agency’s rejection of the Deliverable, and describe in reasonable detail in such notice the Agency’s basis for rejection of the Deliverable. Upon receipt of notice of non-acceptanceAcceptance, Contractor shall, within a [15-day] 15 Business Day period, modify or improve the Deliverable at Contractor’s sole expense so that the Deliverable meets, in all material respects, the Acceptance Criteria, and notify the Agency in writing that it has completed such modifications or improvements and re-tender the Deliverable to Agency. Agency shall will thereafter review the modified or improved Deliverable within 15-days 15 Business Days of receipt of the Contractor's delivery of the Deliverable. Failure of the Deliverable to meet the Acceptance Criteria in all material respects, the Acceptance Criteria respects after the second set of Acceptance Tests shall submission will constitute a default by Contractor. In the event of such default, Agency may either (i) notify Contractor of such default and or instruct Contractor to modify or improve the Deliverables as set forth in this section 2.3.3section, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to Agency all amounts paid by Agency related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other pursue its remedies Agency may have for Contractor’s defaultdefault under Section 15 of this Contract.