Common use of Standard of Performance and Acceptance Clause in Contracts

Standard of Performance and Acceptance. 25.1. This section establishes a Standard of Performance that must be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute Product and any Product that is modified by or with the written approval of Vendor after having been Accepted. 25.2. The Standard of Performance for a Product is defined as a one hundred percent (100%), Effectiveness Level during the Acceptance Testing period set forth below. 25.3. The Effectiveness Level for a Product is the percentage of time in a month that the Product is functioning properly in accordance with its Specifications. The Effectiveness Level is determined by dividing the Operational Use Time of the Product by the sum of the Operational Use Time plus the Product Failure downtime, all of which shall be measured in hours and whole minutes. Operational Use Time for a Product is defined as the total time the Product would normally be used. Product Failure downtime is defined as the accumulated time during Operational Use time when work cannot be processed or accurately completed because of a Product Failure. Product Failure is defined as a malfunction in the Equipment or Software that prevents the accomplishment of the intended function(s) of the Product. 25.4. Downtime for each incident shall start from the time that Vendor knew or reasonably should have known of the Product Failure, or WSDOT makes a bona fide attempt to contact Vendor’s designated representative at the prearranged contact point, whichever occurs earlier, until the Product is returned to fully operational status in conformance with its Specifications. During periods of Product Failure downtime, WSDOT may use operable Products when such action does not interfere with repair of the inoperable Product. 25.5. The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Product is installed and Vendor certifies that the Product is ready for Acceptance Testing. WSDOT will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. 25.6. In the event the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, WSDOT may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after ninety

Standard of Performance and Acceptance. 25.124.1. This section establishes a Standard of Performance that must be met before Acceptance. This Standard of Performance is also applicable to any additional, replacement, or substitute Product and any Product that is modified by or with the written approval of Vendor after having been Accepted. 25.224.2. The Standard of Performance for a Product is defined as a one hundred percent (100%), Effectiveness Level during the Acceptance Testing period set forth below. 25.324.3. The Effectiveness Level for a Product is the percentage of time in a month that the Product is functioning properly in accordance with its Specifications. The Effectiveness Level is determined by dividing the Operational Use Time of the Product by the sum of the Operational Use Time plus the Product Failure downtime, all of which shall be measured in hours and whole minutes. Operational Use Time for a Product is defined as the total time the Product would normally be used. Product Failure downtime is defined as the accumulated time during Operational Use time when work cannot be processed or accurately completed because of a Product Failure. Product Failure is defined as a malfunction in the Equipment or Software that prevents the accomplishment of the intended function(s) of the Product. 25.424.4. Downtime for each incident shall start from the time that Vendor knew or reasonably should have known of the Product Failure, or WSDOT makes a bona fide attempt to contact Vendor’s designated representative at the prearranged contact point, whichever occurs earlier, until the Product is returned to fully operational status in conformance with its Specifications. During periods of Product Failure downtime, WSDOT may use operable Products when such action does not interfere with repair of the inoperable Product. 25.524.5. The Acceptance Testing period shall be thirty (30) calendar days starting from the day after the Product is installed and Vendor certifies that the Product is ready for Acceptance Testing. WSDOT will review all pertinent data and shall maintain appropriate daily records to ascertain whether the Standard of Performance has been met. 25.624.6. In the event the Product does not meet the Standard of Performance during the initial period of Acceptance Testing, WSDOT may, at its discretion, continue Acceptance Testing on a day-to-day basis until the Standard of Performance is met. If after ninetyninety (90) calendar days the Product still has not met the Standard of Performance WSDOT may, at its option: (1) declare Vendor to be in breach of this Contract and terminate this Order or this Contract; or, (2) demand replacement Product from Vendor at no additional cost to WSDOT; or, (3) continue the Acceptance Testing for an additional thirty (30) calendar days Vendor shall pay all costs related to the preparation and shipping for Product returned pursuant to this section. WSDOT’s option to declare Vendor in breach and terminate this Order or this Contract shall remain in effect until exercised or until such time as Acceptance Testing is successfully completed. 24.7. No Product shall be accepted and no charges shall be paid until this Standard of Performance is met. The date of Acceptance shall be the first WSDOT Business Day following the successful Acceptance Testing period and shall be formalized in a notice of Acceptance from WSDOT to Vendor.