How does this manifest itself? Firstly, the Test Manager will specify within the Test Strategy or Test Plans a series of entry criteria, from development into testing. This should comprise test plans, a full suite of test scripts and a series of defects that have been raised. As the development nears completion, the Test Manager will begin to ask for the evidence of the testing and look to meet the entry criteria for Integration (in the large) or formal testing.
At this point the response can be that the unit and integration (in the small) testing has not been contractually specified. The supplier often takes one of two stances, stating that this cannot be achieved, or insisting that the testing can be performed, but at additional cost and increased timescale. This immediately places the Project Manager in an awkward position: they will be unable to agree to the additional time and will not want to incur the increased costs. The normal action at this point is for the Project Manager to accept that a mistake has been made, log a risk and accept that the code will be delivered into testing without development testing having occurred (or proven to have occurred).
If the development agency has failed to perform their own testing, the demand is placed on the testing team or test supplier and the estimates that they will be working to should be re-visited. If testing is working on a fixed price contract, failure to meet entry criteria should constitute a change request and the ability to re-price.
We need to avoid this in the first place, so ensure that your organisation's Supply Chain has a standard wording that is inserted into all contracts with development agencies protecting from such events. For smaller organisations that do not have a Supply Chain function, bring the Test Manager on board for up-front consultancy; they should look to ensure that this does not happen. A further measure is for the development agency to be asked to sign off the test strategy, which should detail the entry criteria into the formal (black box) testing phase, giving the buyer some level of recourse. Lastly, as a Test Manager, don't leave it until the end of development to find you have a problem - identify it as early as possible and get written agreement that the appropriate testing will take place and that the test assets produced will form part of a deliverable.