Common use of Assumptions and Constraints Clause in Contracts

Assumptions and Constraints. The State understands the Contractor’s performance is dependent on the State’s timely and complete performance of those tasks and responsibilities specified in this SOW (“State Responsibilities”). In addition, the State understands the Contractor agreed to perform the Services based on the assumptions listed below (the “Assumptions”). In addition to any other responsibilities or duties described in this SOW, set forth below are the State Responsibilities and Assumptions for the Project. 1. The Contractor is working under the authority and direction of the State to enable countermeasures to be deployed during the COVID 19 health threat which constitutes a public health emergency, said work to include the administration of the program and investigation asneeded to execute necessary countermeasures to combat the threat to the public health. Contractor will perform all services under the State’s instructions, specifications, and requirements with respect to regulatory compliance and the State’s legislative, executive and administrative responsibilities. The foregoing assumption shall not exempt the Contractor from its compliance with any applicable State and Federal statutes or regulations as set forth in theGeneral Provisions – Information Technology, Section 7. 2. With respect to the collection and reporting of data, the parties will work together to define the specific scope of any analytics/reporting services. The Contractor’s scope shall exclude the collection of any data via mobile phones or other devices in the initialrelease. The State may add the need for mobile phone use to the backlog and prioritize the work during grooming. 3. The parties will work together in good faith to determine if general data canbe obtained, through legally permissible means and in compliance with applicable privacy law and policies, to help identify open or closed healthfacilities, stores and/or businesses. 4. The Contractor’s Services will be delivered using the Contractor DeliveryMethodology for Agile Development. 5. The State will access the Contractor’s Delivery Tools (e.g. ACP/AIP) during theTerm of this Agreement, as described more fully below. 6. The State and the State’s subcontractors working on the Project will be sufficiently skilled to participate in and support the approach deployed by the Contractor. Anytraining or additional effort required to address any differences in approach or deficiencies in this regard will be remedied through training and resource sharing from the Contractor. 7. If, after the Project has started, it is determined that the information provided by the State is inaccurate or incomplete in any material manner, the parties will negotiate anadjustment in the project scope and fees, as applicable, per the change process set forth in Exhibit 3 Budget Details and Payment Provisions. 8. The State will be responsible for satisfying all IT hardware requirements andinfrastructure requirements. This includes, but is not limited to: a) Access to the State’s business systems including email, SharePoint,Microsoft Teams; b) Access to the State’s technology systems, including development, test andpre-production platforms, including the permissions to perform software deployments c) Development, test, pre-production, and production environments on whichthe system components will be developed and tested; and d) The Tools required to manage all the environments and solutioncomponents. 9. The State’s operational support teams will not unreasonably delay or refuse to accept the Project on the basis of factors that are outside the Contractor’s control, forexample where design decisions impact the supportability of the platform.

Assumptions and Constraints. The State understands the Contractor’s performance is dependent on the State’s timely and complete performance of those tasks and responsibilities specified in this SOW (“State Responsibilities”). In addition, the State understands the Contractor agreed to perform the Services based on the assumptions listed below (the “Assumptions”). In addition to any other responsibilities or duties described in this SOW, set forth below are the State Responsibilities and Assumptions for the Project. 1. The Contractor is working under the authority and direction of the State to enable countermeasures to be deployed during the COVID 19 health threat which constitutes a public health emergency, said work to include the administration of the program and investigation asneeded as needed to execute necessary countermeasures to combat the threat to the public health. Contractor will perform all services under the State’s instructions, specifications, and requirements with respect to regulatory compliance and the State’s legislative, executive and administrative responsibilities. The foregoing assumption shall not exempt the Contractor from its compliance with any applicable State and Federal statutes or regulations as set forth in theGeneral the General Provisions – Information Technology, Section 7. 2. With respect to the collection and reporting of data, the parties will work together to define the specific scope of any analytics/reporting services. The Contractor’s scope shall exclude the collection of any data via mobile phones or other devices in the initialreleaseinitial release. The State may add the need for mobile phone use to the backlog and prioritize the work during grooming. 3. The parties will work together in good faith to determine if general data canbe can be obtained, through legally permissible means and in compliance with applicable privacy law and policies, to help identify open or closed healthfacilitieshealth facilities, stores and/or businesses. 4. The Contractor’s Services will be delivered using the Contractor DeliveryMethodology Delivery Methodology for Agile Development. 5. The State will access the Contractor’s Delivery Tools (e.g. ACP/AIP) during theTerm the Term of this Agreement, as described more fully below. 6. The State and the State’s subcontractors working on the Project will be sufficiently skilled to participate in and support the approach deployed by the Contractor. Anytraining Any training or additional effort required to address any differences in approach or deficiencies in this regard will be remedied through training and resource sharing from the Contractor. 7. If, after the Project has started, it is determined that the information provided by the State is inaccurate or incomplete in any material manner, the parties will negotiate anadjustment an adjustment in the project scope and fees, as applicable, per the change process set forth in Exhibit 3 Budget Details and Payment Provisions. 8. The State will be responsible for satisfying all IT hardware requirements andinfrastructure and infrastructure requirements. This includes, but is not limited to: a) Access to the State’s business systems including email, SharePoint,, Microsoft Teams; b) Access to the State’s technology systems, including development, test andpreand pre-production platforms, including the permissions to perform software deployments c) Development, test, pre-production, and production environments on whichthe which the system components will be developed and tested; and d) The Tools required to manage all the environments and solutioncomponentssolution components. 9. The State’s operational support teams will not unreasonably delay or refuse to accept the Project on the basis of factors that are outside the Contractor’s control, forexample for example where design decisions impact the supportability of the platform.