Common use of Evaluation, Testing, and Monitoring Clause in Contracts

Evaluation, Testing, and Monitoring. 1. System Agency may review, test, evaluate and monitor Performing Agency’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Performing Agency’s assertion of compliance with the Accessibility Standards. 2. Performing Agency agrees to cooperate fully and provide System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring.

Evaluation, Testing, and Monitoring. 1. The System Agency may review, test, evaluate and monitor Performing Agency’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Performing Agency’s assertion of compliance with the Accessibility Standards. 2. Performing Agency agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring.