## IV.8. SPECIFIC PROVISIONS RELATING TO DEVELOPMENT AND MAINTENANCE OF COMMISSIONED SOFTWARE 

## IV.8.1. Compliance with technical specifications 

When providing Services of development or maintenance of Commissioned software to the contracting authority, the contractor undertakes, in addition to the general quality requirements as specified in the framework contract, to observe inter alia the latest version of the contracting authority’s document: the contracting authority System and Application Technical Landscape. 

Except where expressly stated, the present Article IV.8 shall also apply to the development and maintenance of a System commissioned by the contracting authority. 

## IV.8.2. Acceptance 

IV.8.2.1. The Commissioned software shall be developed in accordance with its specifications as agreed upon under the specific contract, and the maintenance Services shall be provided in accordance with the conditions specified in the specific contract. 

IV.8.2.2. Delivery of the Commissioned software , or as the case may be, its different versions, shall be recorded in a Consignment note in accordance with Article I.1 of the General Conditions, presented by the contractor for signature by the contracting authority. 

IV.8.2.3. Acceptance period 

The acceptance period will run up to a maximum of seventy-five (75) Normal working days from the day of signature of the Consignment note . During this acceptance period, t h e c o n t r a c t i n g a u t h o r i t y shall notify any defect in the Commissioned software to the contractor by a Means of registered communication . As from the date of such notification, the running of the acceptance period will be suspended up to the date on which the contractor notifies by a Means of registered communication that it has remedied the notified default, which date will reinitiate the acceptance period for the rest of the seventy-five (75) Normal working days period, with a guaranteed minimum period of twenty-five (25) Normal working days after the last notification by the contractor that it has remedied a default. 

IV.8.2.4. The Certificate of Conformity 

Upon the expiry of the acceptance period, acceptance of the Commissioned software will be recorded in a Certificate of Conformity , as stated in Article I.1 of the General Conditions, which shall indicate inter alia any reservations the contracting authority may have regarding the Commissioned software . If no Certificate of Conformity has been issued at the end of the acceptance period and, if no notification of faulty operation is pending, the contracting authority is considered as having accepted the Software. 

IV.8.2.5. If, after three (3) attempts at acceptance, the Commissioned software still fails to meet the terms of the framework contract, the contracting authority shall have the following options: 

(1) to require the contractor to supply, without charge, a replacement or additional set of Software ; 

(2) to accept and retain part of the Commissioned software , at a reduced price agreed between the contracting authority and the contractor; 

(3) to refuse the Commissioned software and cancel the framework contract or specific contract on reimbursement of any sums unduly paid. 

IV.8.2.6. The Certificates of conformity shall be annexed to the corresponding specific contract. 

